HASINA AND ANR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Allowed as prayed for.

(2.) The present petition has been filed for setting aside order dated 31.05.2010 Annexure P-5 vide which, the Petitioners have been declared as proclaimed offenders without adopting the proper procedure under Section 82 Cr.P.C in case FIR No. 228 dated 31.08.2009, under Sections 498-A and 304(B) IPC, Police Station Tauru District Mewat.

(3.) Learned Counsel for the Petitioners contends that the Petitioners were declared as Proclaimed Offenders on 31.05.2010 without complying with the provisions of Section 82 Cr.P.C and no finding whatsoever has been given by the trial court why the presence of the Petitioners could not be procured. Learned Counsel further submits that the trial has completed. Accused-Rashid has been acquitted of the charges under Sections 498-A and 304-B of IPC by the trial court whereas, accused-Shamsher has been convicted. He also submits that the case of the prosecution has not been supported by PW-2-Sahab Khan, PW-3 Varisa (father and sister of the deceased respectively) and PW-4-Moormal,independent witness. Learned Counsel also submits that the Petitioners are ready to surrender before the trial court.