KULWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the present petition is for quashing the impugned order dtd. 29/7/2024 vide which the petitioner was deciarcd as a proclaimed offender in case FIR No.54 dtd. 8/8/2023, under Ss. 302, 120-B, 506, 379-B of IPC read with Sec. 25/27 of the Arms Act; registered at Police Station Mehta Amritsar.

(2.) Learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case. He has further submitted that as per the version of the prosecution, it is the admitted fact that the weapon which the petitioner was carrying was his licensed weapon. He submits that petitioner did not even use the same and as per the case of the prosecution, the weapon was snatched by co-accused Gursewak Singh who fired at the deceased namely, Jaspal Singh and the petitioner. He submits that petitioner is rather a victim in this case however, he has been arrayed as an accused in the present case in a malafide manner. He submits that the complainant has also recorded his supplementary statement and has given the affidavit wherein he has deposed that there is no fault on the part of the petitioner, He submits that the petitioner remained under the impression that he is not an accused in the FIR. However, he has been arrayed as an accused and has been declared proclaimed offender. He submits that there is a violation of the provisions of Ss. 82 and 83 Cr.P.C. Even otherwise, petitioner is ready to join the proceedings.

(3.) Notice of motion.