RACHHPAL SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners seek quashing of impugned order dated 6.2.2015, passed by the learned Sub Divisional Judicial Magistrate ('SDJM' for short), Samrala, whereby petitioners were declared proclaimed offenders, inspite of the fact that cancellation report dated 1.12.2014, based on the enquiry report dated 17.11.2014 and duly approved by the competent authority, had been presented before the learned court of competent jurisdiction.

(2.) Notice of motion was issued and in the meantime, operation of the impugned order was stayed. Reply by way of affidavit dated 3.8.2015 was filed by the Deputy Superintendent of Police, Samrala, Police District Khanna, Distt. Ludhiana.

(3.) Learned counsel for the petitioners submits that once the cancellation report was prepared, declaring the petitioners to be innocent by the investigating agency itself, petitioners were under bona fide impression that they would not be required to appear before the learned court of SDJM. However, when the police came to arrest the petitioners after quite some time, they were taken by surprise and were shocked, as to why they were sought to be arrested. After enquiry, petitioners came to know that the investigating agency as well as the prosecuting agency, were misconducting themselves in a most irresponsible manner, while getting the petitioners declared proclaimed offenders, vide impugned order dated 6.2.2015 (Annexure P-7), inspite of the fact that cancellation report, in favour of the petitioners, had been presented before the court, long ago. The unwarranted harassment caused to the petitioners was very much avoidable, had the investigating and prosecuting agencies performed their respective duties well. He further submits that in fact, petitioners were innocent right from day one. However, the investigating and prosecuting agencies of the respondent-State have forced the petitioners to face this situation like criminals for a long period of more than two years. He prays for allowing the present petition with exemplary costs.