SANDEEP BHATI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the present petition is for quashing/setting aside of order dtd. 6/11/2024 passed by the learned Judicial Magistrate Ist Class, Gurugram in criminal trial bearing No.CHI-40270 of 2022, vide which the petitioner was declared as proclaimed person and for quashing of FIR No.1890 dtd. 17/11/2022 registered under Sec. 174-A IPC at police Station Shivaji Nagar, District Gurugram and all other subsequent proceedings arising out thereto, in view of the judgment 9/1/2023 (Annexure P-4), whereby the learned Court has acquitted the petitioner from the charges of FIR/trial during which the petitioner was declared a proclaimed person.

(2.) It has been submitted by learned counsel for the petitioner that the petitioner was prosecuted in FIR No.25 dtd. 21/1/2015 under Ss. 356 and 379 of IPC at Police Station Sector-56, Gurugram. He has submitted that during the trial, the petitioner was declared as a proclaimed person on 28/10/2022 and the impugned FIR No.1890 dtd. 17/11/2022 under Sec. 174-A of IPC, was registered against him. However, the petitioner lateron was arrested and the trial in the main FIR commenced. It is submitted that after the trial, learned trial Court, finding the charges framed against him having not been proved, acquitted him vide its order dtd. 9/1/2023 but the trial in the impugned FIR registered under Sec. 174-A IPC, remained pending and the petitioner was further declared as proclaimed person in the said FIR as well vide impugned order dtd. 6/11/2024 as he failed to appear in the same. He submits that the petitioner was regularly appearing in the main case as well as in the impugned FIR. He submits that due to the miscommunication, he did not appear and hence he was again declared as proclaimed person vide impugned order dtd. 6/11/2024. He submits that the petitioner never intended to disobey the Court's order and that when it has come to his notice, he immediately approached the trial Court for grant of anticipatory bail which was dismissed vide order dtd. 12/12/2024, hence he approached this Court through the present petition seeking quashing of impugned FIR as the main case. He submits that no useful purpose would be served by sending the petitioner behind bars. He submits that keeping in view of the aforesaid facts, especially that the petitioner has already been acquitted in the main case, his prosecution in the impugned FIR are nothing but an abuse of process of the Court.

(3.) Notice of motion to official respondent only.