JAGDEEP KUMAR Vs. STATE OF PUNJAB
LAWS(P&H)-2022-11-196
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 21,2022

JAGDEEP KUMAR Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

DEEPAK MANCHANDA, J. - (1.)The petitioner has preferred this petition under Sec. 482 of the Code of Criminal Procedure for setting aside/quashing of the order dtd. 5/9/2014 (Annexure P-2) passed by the Chief Judicial Magistrate, Pathankot in case FIR No. 99 dtd. 14/11/2012 registered under Ss. 304A, 279, 337, 338 and 427 of the Indian Penal Code at Police Station Shahpur Kandi, District Gurdaspur Now District Pathankot, whereby the petitioner was declared as proclaimed offender.
(2.)Learned counsel for the petitioner contends in the aforementioned FIR, the petitioner was arrested and released by the Investigating Officer on personal bonds and later on Sec. 304-A IPC was added on the death of deceased-Arun Kumar. It is further contended that, in the meantime on release on personal bonds the petitioner had gone abroad on 2/3/2014 and returned to India on 2/10/2022 and when he went to Passport Authority for renewal of his passport, then he came to know that he has been declared proclaimed offender by the trial Court vide order dtd. 5/9/2014. It is further contended that no notice was served upon the petitioner by the trial Court. It is further contended that between 2014 to 2022, petitioner had visited India many a times, but he has never been called upon by the police officials regarding proclamation proceedings. The matter has been compromised between the parties vide compromise deed dtd. 2/2/2019 (Annexure P-4) and no other case is pending against the petitioner.
(3.)He further submits that the petitioner is ready and willing to join the trial proceedings. Notice of motion.


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