DARSHANA KUMARI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Seeking quashing of aforesaid FIR as well as proclamation order Annexure P-7, the accused has come up before this court under Sec. 482 of the Code of Criminal Procedure, 1973 (CrPC).

(2.) Counsel for the petitioner has placed on record the copy of immigration slips which reveals that the petitioner-Darshana Kumari @ Darshna Bhatti had arrived in India on 2/3/2018.

(3.) A reference to the impugned order Annexure P-7 reveals that there is no reference to the fact that the petitioner was away from India. Given above, there was no knowledge to the petitioner about appearance as contemplated under sec. 82 CrPC. Thus, the order is arbitrary and did not afford reasonable opportunity as mandated under Sec. 82 of CrPC.