SUBHASH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of present petition, the petitioner had sought quashing of FIR No. 62 dated 06.06.1999, registered with Police Police Station Hariana, District Hoshiarpur and the final report filed under Section 173 of the Code of Criminal Procedure (Annexure P-2), along with all subsequent proceedings arising therefrom. The petition has been filed, mainly on the ground that the other coaccused in FIR have been acquitted by the Sessions Judge, Hoshiarpur, vide his judgment dated 31.08.2005 (Annexure P-5).

(2.) However, a perusal of the petition would show that petitioner was declared proclaimed offender and the said order still subsists. In the instant petition, the aforesaid order is not under challenge and simply, a prayer has been made to issue direction to the Investigating Officer to release the petitioner on bail in the event of his arrest in the aforesaid case. Unless the petitioner submits to the jurisdiction of the Court and seeks relief against the order declaring him proclaimed offender, this petition under Section 482 Cr.P.C is not maintainable.

(3.) It is also a question of fact that in the judgment dated 31.08.2005 passed by Sh. G.K.Rai, Sessions Judge, Hoshiarpur, (Annexure P-5), it has been mentioned that the Additional Chief Judicial Magistrate, Hoshiarpur vide his judgment dated 28.01.2005 has convicted and sentenced all accused including the petitioner to undergo rigourous imprisonment for one year and to pay fine of Rs. 500/- each and in default of payment of fine to further undergo simple imprisonment for 15 days. The true typed copy of the aforesaid judgment (Annexure P-5) has been placed on record and has been authenticated by the learned counsel as a true copy. Learned counsel appearing on behalf of the petitioner could not explain the aforesaid fact as mentioned at page 50 of the paper book.