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2006 DIGILAW 2930 (PNJ)

Harwinder Singh v. State Of Punjab

2006-07-20

RAJIVE BHALLA

body2006
Judgment 1. Prayer in the present petition, filed under Sec.482 of the cr. P. C, is for quashing of FIR No.56, dated 5.5.2000, registered under sections 382/506 of the IPC, at Police Station Sadar, Kapurthala. Admittedly, the petitioner was declared a proclaimed offender by the trial Court. 2. Counsel for the petitioner contends that as the petitioners coaccused have been acquitted, by the trial Court, vide judgment dated 30.4.2005, the FIR and all subsequent proceedings, emanating therefrom, be quashed. Reliance is placed upon a judgment of this Court, reported as rajinder Singh @ Rajinder Kumar vs State of Haryana and another, 2003 (1)RCR (Criminal) 123 to contend that in the case of every proclaimed offender, where his co-accused is/are acquitted, this Court must, in the exercise of jurisdiction, under Sec.482 of the Cr. P. C, quash the FIR, and all subsequent proceedings, pending against such an accused. 3. I have heard learned counsel for the petitioner and perused the paper book. 4. As noticed herein above, the petitioner was declared a proclaimed offender and his co-accused have already been acquitted. The question, whether the acquittal of the petitioners co-accused would enure to his benefit, is a pure question of fact, to be determined, by the trial Court, on the basis of evidence, to be led before it. The judgment in Rajinder Singh @ Rajinder Kumars case (supra) does not set any absolute principle of law that where a proclaimed offender approaches this Court for quashing of the fir, on the ground that his co-accused have been acquitted, the FIR, and all subsequent proceedings, are bound to be quashed by this Court, in the exercise of jurisdiction, under Sec.482 of the Cr. P. C. 5. In view of what has been stated above, the present petition is dismissed. 6. In case, the petitioner surrenders, before the trial Court, within a fortnight from today, and files an application for regular bail, the same shall be considered and decided by the trial Court, in accordance with law, within a week of its filing. The trial Court shall make every endeavour to conclude the trial within four months from the next date of hearing.