High Court Punjab-Haryana High Court

Roshan Lal & Ors vs State Of Punjab on 16 October, 2008

Punjab-Haryana High Court
Roshan Lal & Ors vs State Of Punjab on 16 October, 2008
        IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                            CHANDIGARH.



                                            Criminal Revision 460 of 2007

                              DATE OF DECISION : OCTOBER 16, 2008



ROSHAN LAL & ORS.                                   ....... PETITIONER(S)

                                VERSUS

STATE OF PUNJAB                                     .... RESPONDENT(S)



CORAM : HON'BLE MR. JUSTICE AJAI LAMBA



PRESENT: Ms. GK Hundal, Advocate, for the petitioner(s).
              Mr. HS Brar, DAG, Punjab.
This petition

AJAI LAMBA, J. (Oral)

This petition is directed against order framing charge dated

25.1.2007.

Learned counsel for the respondent-State has pointed that

petitioner No.2 had to be declared a Proclaimed Offender and, therefore,

petitioner No.2, who has not submitted to the process of court, is not

entitled to any relief.

Learned counsel for the respondent-State has also pointed out

that two prosecution witnesses have already been examined. The order

framing charge was not challenged before the court of Sessions. The

petition (CRM 283-M of 2007) for quashing of the FIR in the context of

which the charges have been framed, was filed by the petitioners. The

same has been withdrawn with liberty to take all the pleas taken before the
Criminal Revision 460 of 2007 2

trial Court, during the course of trial.

Having regard to the fact that Kanta Rani (petitioner No.2) is

a Proclaimed Offender and in deference to the process of court has not

submitted to the process and two prosecution witnesses have already been

examined, no ground for interference at this stage is made out.

The petition is dismissed.

October 16, 2008                                        ( AJAI LAMBA )
Kang                                                            JUDGE