JOGINDER SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C. for quashing of order dated 28.5.2011 (Annexure P-1) passed by Superintendent of Police (D) District Kapurthala, whereby, name of respondent No.2 has been delisted from the list of proclaimed offenders.

(2.) Briefly the facts of the case are that on the basis of complaint made by the petitioner, FIR No. 139 dated 8.7.2007 was registered under Section 304-B IPC at Police Station Bhulath, District Kapurthala against respondent No.2 and other family members. During the pendency of the trial, respondent No.2 did not appear and other accused faced trial. Other accused except respondent No.2 were acquitted of the charge by the trial Court vide judgment dated 11.1.2010. The Superintendent of Jail prepared the list of proclaimed offenders but the name of respondent No.2 was delisted from the said list, whereas, he was declared proclaimed offender by the trial Court as he was away to broad and did not face the trial.

(3.) Learned counsel for the petitioner has challenged order dated 28.5.2011 on the ground that it is not within the jurisdiction of the police to delist the name of any proclaimed offender from the list and as such the impugned order is without any jurisdiction and competency.