POLA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is the first petition filed under Sec. 482 of Code of Criminal Procedure with a prayer to quash the complaint No.25 dtd. 7/6/2007 titled as Gulzar Singh verus Ajit Singh and others (Annexure P3), summoning order dtd. 30/3/2013 (Annexure P-4) and order declaring the petitioners as proclaimed offenders dtd. 2/4/2014 (Annexure P-8) passed by the Judicial Magistrate Ist Class, Rajpura and further prayer is for staying all the subsequent proceedings arising out of the aforementioned complaint.

(2.) Learned counsel for the petitioner wishes to withdraw his prayer with regard to quashing of the complaint bearing No. 25 dtd. 7/6/2007 (Annexure P-3) and summoning order dtd. 30/3/2013 (Annexure P-4) and confines himself to the limited prayer seeking quashing of the order dtd. 2/4/2014 (Annexure P-8), vide which the petitioners have been declared as 'Proclaimed Offenders' behind their back, especially when the similarly situated co-accused of the petitioners who faced the trial, have already been acquitted by the learned trial Court.

(3.) Learned counsel for the petitioners inter alia contends that on the basis of pre-summoning evidence, the Judicial Magistrate Ist Class, Patiala vide order dtd. 30/3/2013 (Annexure P-4) summoned both the petitioners to face trial under Ss. 406, 420, 34, 120-B of the Indian Penal Code but when the process server went for service of the petitioners, it came to his notice that they both are residing abroad. However, the Judicial Magistrate Ist Class, Rajpura declared both the petitioners as 'Proclaimed Offenders' behind their back when they were not in India vide order dtd. 2/4/2014. Aggrieved by the said impugned order dtd. 2/4/2014 (Annexure P-8), the petitioners have approached this Court by way of instant petition.