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High CourtsSingle Bench(2010) 12 P&H CK 0235

Hasina and Another vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 16 December 2010

HON’BLE JUDGES
Daya Chaudhary, J
CASE NUMBER
Criminal Miscellaneous No. M 36998 of 2010 (O and M)

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Judgment

9 paragraphs · 350 words

Daya Chaudhary, J.

Criminal Misc. No. 65739 of 2010

1.

Allowed as prayed for.

Criminal Misc. No. M-36998 of 2010

2.

The present petition has been filed for setting aside order dated 31.05.2010 Annexure P-5 vide which, the Petitioners have been declared as proclaimed offenders without adopting the proper procedure u/s 82 Cr.P.C in case FIR No. 228 dated 31.08.2009, under Sections 498-A and 304(B) IPC, Police Station Tauru District Mewat.

3.

Learned Counsel for the Petitioners contends that the Petitioners were declared as Proclaimed Offenders on 31.05.2010 without complying with the provisions of Section 82 Cr.P.C and no finding whatsoever has been given by the trial court why the presence of the Petitioners could not be procured. Learned Counsel further submits that the trial has completed. Accused-Rashid has been acquitted of the charges under Sections 498-A and 304-B of IPC by the trial court whereas, accused-Shamsher has been convicted. He also submits that the case of the prosecution has not been supported by PW-2-Sahab Khan, PW-3 Varisa (father and sister of the deceased respectively) and PW-4-Moormal,independent witness. Learned Counsel also submits that the Petitioners are ready to surrender before the trial court.

4.

Heard the arguments of learned Counsel for the Petitioners and have also perused the impugned order as well as other documents available on record.

5.

A perusal of order Annexure P-5 shows that nothing has been mentioned as the presence of the Petitioners could not be procured and the Petitioner was not willing to join the proceedings and delibrately avoiding the service. Since the Petitioners are ready to surrender before the trial court and proper procedure for procuring the presence of the Petitioners was not adopted, impugned order (Annexure P-5) is set aside. The Petitioners are directed to surrender before the trial Court within a period of 15 days from the date of receipt of copy of the order. In case, the Petitioners surrender, they shall be released on bail on their furnishing bail bonds and surety bonds to the satisfaction of trial Court subject to payment of costs of Rs. 10,000/-.

6.

Disposed of accordingly.