ROKU SANDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this petition, under Sec. 482 of Code of Criminal Procedure, petitioner seeks quashing of First Information Report (for short 'FIR) No.73 dated May 2nd, 1997 (Annexure P-1) registered under Sections 420, 465, 467 and 471 of the Indian Penal Code (for short, "IPC") Police Station Khanna, District Ludhiana on the ground that his co-accused has been acquitted by Sub Divisional Judicial Magistrate, Khanna by judgment dated June 3rd, 2010 (Annexure P-4).

(2.) The above said FIR was registered against the petitioner and his co-accused John Christoper. During trial, the petitioner absconded. He is proclaimed offender.

(3.) Learned counsel for the petitioner has urged that since the co-accused of the petitioner has been acquitted by the Sub Divisional Judicial Magistrate, Khanna, so the arrest of the petitioner and putting him on trial would be abuse of process of law. In support of his contention, reliance has been placed upon a Division Bench judgment of this Court in Criminal Appeal No. D-638-DB of 2007 - Sudo Mandal @ Diwarak Mandal Vs. State of Punjab decided on March 17th, 2011 .