IQBAL SINGH SUMBAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prayer in this petition under Sec. 482 Cr.PC is for quashing of FIR No.200 dtd. 1/10/2005 (Annexure P-1) under Ss. 447, 427, 506, 148, 149 IPC registered at P.S. Phillaur, District Jalandhar and all consequential proceedings arising therefrom including the order dtd. 11/4/2012 (Annexure P-2) vide which the petitioner was declared a proclaimed offender as 16 of the co-accused of the petitioner already stands acquitted by the Trial Court vide judgment dtd. 9/4/2014 (Annexure P3).

(2.) The Counsel for the petitioner contends that the FIR pertains to the year 2005. The petitioner had filed his first quashing petition which came to be dismissed by this Court vide order dtd. 6/3/2007. Thereafter, the petitioner was declared a proclaimed offender vide order dtd. 11/4/2012 (Annexure P-2). Subsequently, his co-accused came to be acquitted vide judgment dtd. 9/4/2014 (Annexure P-3). Therefore, the FIR and the order dtd. 11/4/2012 vide which the petitioner was declared a proclaimed offender ought to be quashed since the petitioner could not come back to face trial as his passport was expiring.

(3.) The Counsel for the State on the other hand contends that this is the second petition for quashing of FIR filed on behalf of the petitioner, the first one having been dismissed on 6/3/2007. The petitioner has filed the instant petition through a power of attorney holder which was not maintainable other than in exceptional circumstances. Mere acquittal of his co-accused would not entitle him to the relief as prayed for. Even otherwise, despite opportunity being availed during the pendency of the present proceedings the petitioner has chosen not to come back to face proceedings which shows his intention. Therefore, there was no merit in the present petition and the same was liable to be dismissed.