HARPAL SINGH BAJWA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 528 of BNSS, 2023, for quashing of order dtd. 6/4/2024 passed by learned Sub-Divisional Judicial Magistrate, Phillaur in FIR No.315 dtd. 10/11/2018 registered under Ss. 447, 506, 34 IPC at Police Station Phillaur, District Jalandhar, vide which the petitioner was declared as proclaimed person.

(2.) Learned counsel for the petitioner submits that the petitioner was on bail and was regularly appearing before the learned trial Court, however, in the month of April, 2023, he went to West Bengal to supply potatoes on his truck where he unfortunately suffered a paralytic attack. He further submits that the petitioner is an old man aged about 75 years and was under continuous medical treatment and he again suffered a brain stroke and paralysis (Right Side Upper Kim and Lower Limb on 29/1/2024 and he remained admitted in the hospital and is under treatment, and due to this reason he could not appear before the learned trial Court on the date fixed and as a result, he was wrongly declared as proclaimed person on 6/4/2024. Aggrieved by the said impugned order dtd. 6/4/2024, the petitioner has approached this Court by way of instant petition. It is contended that the impugned order is liable to be set aside on the ground that the mandate of Sec. 82 of Cr.P.C. has not been followed in its letter and spirit by the trial Court. Lastly, learned counsel for the petitioner submits that the petitioner undertakes to appear before the trial Court on each and every date of hearing.

(3.) Notice of motion.