PARMINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of order dated 18.9.2008 (Annexure P-4), whereby, petitioner is being summoned to face trial in FIR No. 121 dated 10.6.2006 under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at police Station Sadar Pathankot although he had been acquitted of the charges framed against him on 3.1.2009 passed by the trial Judge.

(2.) Learned counsel for the petitioner has submitted that the petitioner has been submitted that the petitioner had faced criminal proceedings in the FIR in question. Petitioner was acquitted by the trial Court on 3.1.2009. A release warrant was issued by the Court in pursuance to the acquittal of the petitioner from the charges framed against him. In consequence to the said release warrant, petitioner was released from jail. However, the trial Judge died before the judgment of acquittal could be written and signed by him. The successor Judge was not competent to re-open the trial and try the petitioner again qua the same offence qua which he had already been acquitted. In support of his arguments, learned counsel has placed reliance on the judgment of this Court in Ranjit Singh vs. State of Punjab,1977 1 ILR(P&H) 801, wherein, it was held as under:-

(3.) Learned State counsel has admitted the fact that the petitioner had faced trial in the FIR in question and had been acquitted by the trial Judge. Judgment of acquittal had been pronounced in the open Court. Petitioner had been released from jail in pursuance to the release warrant issued by the trial Judge.