KULDIP SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners seek quashing of the impugned FIR No. 46 dated 7.3.2003, under Sections 379, 411, 420, 467, 468, 471 of the Indian Penal Code ('IPC' for short) 25, 54, 59 of the Arms Act, registered at Police Station Division No. 2, Pathankot as well as consequential proceedings arising therefrom, by way of instant petition under Section 482 Cr.P.C., invoking the inherent jurisdiction of this Court.

(2.) The sole contention raised by the learned counsel for the petitioners is that since co-accused of the petitioners came to be acquitted, vide judgment dated 29.10.2010 (Annexure P-2) and the petitioners remained proclaimed offender during this time, the impunged FIR was liable to be quashed qua the petitioners because continuation of the criminal trial against the petitioners shall be only a futile exercise.

(3.) Learned counsel for the petitioners contended that petitioners were never aware about the impugned FIR registered against them because of which they could not appear before the learned trial court. However, learned counsel for the petitioners fairly conceded that petitioners were declared proclaimed offender in the year 2003, as stated in para 7 of the petition. Learned counsel for the petitioners relies upon the Division Bench Judgment of this Court in Sudo Mandal @ Diwarak Mandal versus State of Punjab, 2011 2 RCR(Cri) 453, to contend that it will not serve any purpose to force the petitioners to face criminal trial, in view of the acquittal of their co-accused, vide judgment dated 29.10.2010 (Annexure P-2).