GURBAKHSHISH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Cr.P.C., for quashing of order dtd. 14/11/2024 (Annexure P-9) passed by learned Sub-Divisional Judicial Magistrate, Sultanpur Lodhi, Kapurthala in FIR No.168 dtd. 12/10/2016 (Annexure P-1) registered under Ss. 406 and 420 IPC at Police Station Sultanpur Lodhi, District Kapurthala, vide which the petitioner was declared as proclaimed person.

(2.) Learned counsel appearing for the petitioner, inter alia, contends that the petitioner has been falsely implicated and the dispute between the parties is purely civil in nature, which has culminated into a compromise and a petition under Sec. 482 Cr.P.C., seeking quashing of FIR (supra) has already been filed before this Court i.e. CRM-M No.58372 of 2024, in which the parties were directed to appear before the learned trial Court within a period of 02 weeks and on their appearance, the petitioner, who is alleged to have been declared as proclaimed person on 14/11/2024, has earlier also approached this Court by way of filing a petition i.e. CRM-M No.837 of 2020, for seeking quashing of order dtd. 15/2/2019 passed by learned Sub-Divisional Judicial Magistrate, Sultanpur Lodhi, Kapurthala, vide which he was declared as proclaimed person in FIR (supra). The said petition i.e. CRM-M No.837 of 2020, has already been allowed on 10/1/2025 and the order dtd. 15/2/2019 vide which the petitioner was declared as proclaimed person was set-aside by this Court.

(3.) Learned counsel for the petitioner further submits that the petitioner was never served with the summons or warrants issued by the learned trial Court, and as a result, he was wrongly declared as proclaimed person on 14/11/2024 (Annexure P-9). Aggrieved by the said impugned order dtd. 14/11/2024 (Annexure P-9), 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.