JUDGMENT Mr. Gurvinder Singh Gill, J. (Oral):- The petitioner has approached this Court seeking setting aside of order dated 30.9.2014 (Annexure P-6), passed by learned Additional Chief Judicial Magistrate, Moga, vide which he was declared a ‘proclaimed offender’ in respect of DDR No.22, dated 2.7.2010, registered at Police Station Samalsar, District Moga, arising out of FIR No.23, dated 2.7.2010, registered at Samalsa District Moga, under Sections 341, 323, 34 IPC. 2. Learned counsel for the petitioner while assailing the impugned order has submitted that the petitioner in fact had been declared innocent after investigation and had been kept in column No.2 while filing challan against the co-accused and that thereafter the petitioner went abroad i.e. to Canada and it was while he was away to Canada, an application under Section 319 Cr.P.C. was moved and he was ordered to be summoned as an additional accused. 3. Learned counsel has submitted that he was never served with any notice or summon and never came to know about his being arrayed as an accused, with the aid of Section 319 Cr.P.C. and due to which he could not cause his appearance. 4. Learned counsel in order to hammer forth his submission has drawn the attention of this Court to the zimni order dated 13.5.2014 (Annexure P-4) and also order dated 6.8.2014 (Annexure P-5) passed by the trial Court, wherein it has been specifically recorded by the learned Additional Chief Judicial Magistrate, Moga, that as per the reports received, the summons and bailable warrants issued for securing presence of petitioner-Dalip Singh Brar had been received back with the report that he had gone abroad. It was thereafter that proceedings under Section 82 Cr.P.C. were initiated and ultimately the petitioner was declared a ‘proclaimed offender’. 5. The aforesaid zimni orders do substantiate the contention of the petitioner that he was abroad when he was summoned with the aid of Section 319 Cr.P.C. and it was not in the knowledge of the petitioner that he had been summoned by the trial Court. 6. It has further been submitted that in fact the parties have already compromised the matter and that a separate petition for quashing of the proceedings against the petitioner has also been filed. 7. 6. It has further been submitted that in fact the parties have already compromised the matter and that a separate petition for quashing of the proceedings against the petitioner has also been filed. 7. Having regard to the aforesaid position, especially that the contention of the petitioner regarding his being abroad when he was summoned under Section 319 Cr.P.C. being fairly substantiated, the petition is accepted and impugned order dated 30.9.2014 passed by learned Additional Chief Judicial Magistrate, Moga is hereby set aside. 8. The petition stands accepted in the above mentioned terms.