TARSEM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition has been filed under Sec. 482 of Cr.P.C. for quashing of order dtd. 17/2/2025 (Annexure P5) in SC No.94 of 2024 passed by learned Sessions Judge, Gurdaspur, pertaining to FIR No.120 dtd. 7/9/2023, under Ss. 328, 380 and 411 IPC, registered at Police Station Shri Hargobindpur, Police District Batala, thereby imposing penalty of Rs.30,000.00 upon the petitioner.

(2.) Brief facts relevant for the purpose of disposal of the present petition, are that the aforesaid FIR was registered against Vinay Nanda and Shalu Nanda on the statement of complainant/ respondent No.2-Kulwant Kaur. The present petitioner stood surety for accused Vinay Nanda, who was granted bail by the trial Court. During pendency of the case before the trial Court, accused Vinay Nanda, who was on bail and for whom the petitioner had furnished surety bonds of Rs.50,000.00, became absent before the trial Court on 1/10/2024. The bail bonds of accused Vinay Nanda were forfeited to the State and his bail was cancelled. He was ordered to be summoned through warrants of arrest alongwith notice to his surety. Thereafter, when presence of Vinay Nanda could not be procured through non bailable warrants of arrest, the learned trial Court initiated the P.O. Proceedings against the said accused, as per order dtd. 25/10/2024. Vide order dtd. 11/12/2024 of trial Court, Vinay Nanda was declared proclaimed person and notice issued to the petitioner Tarsem Singh was received back with the report that he was not available at his house, so fresh notice be issued to him.

(3.) Learned trial Court, on 17/2/2025 (Anneuxre P5) has passed the following order:-