Criminal Misc. No. M-18593 of 2009 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Criminal Misc. No. M-18593 of 2009
Date of decision: October 20, 2009
Gurcharan Singh -Petitioner
Versus
State of Punjab -Respondent
Coram Hon'ble Mr. Justice Rajan Gupta
Present: Mr. GL Bajaj, Advocate, for the petitioner.
Mr. Shilesh Gupta, DAG, Punjab.
Rajan Gupta, J.(Oral)
This is a petition for quashing of FIR No. 12 dated 6-3-1998
under Sections 406/468-A/323 IPC registered against the petitioner at police
station Lohian, District Jalandhar.
Mr. Bajaj submits that co-accused of the petitioner were
acquitted by the trial court in the year 2001. According to him, FIR against
the present petitioner deserves to be quashed in view of acquittal of the co-
accused.
Learned State counsel opposes the prayer made in the petition
on the ground that the petitioner is a proclaimed offender and has never
submitted to the process of law. According to him, the present petition is
misconceived.
Faced with this situation, Mr. Bajaj prays that he may be
permitted to withdraw this petition with liberty to the petitioner to surrender
before the trial court and face trial. He, however, prays that the petitioner
be granted some protection as his absence from the court was totally
Criminal Misc. No. M-18593 of 2009 2
unintentional.
Dismissed as withdrawn.
However, in case the petitioner surrenders before the court
below within six weeks of receipt of a certified copy of this order, the trial
court shall make an endeavour to expedite the trial and conclude the same
preferably within four months thereafter. On his surrender in case the
petitioner applies for bail, the same shall also be decided expeditiously.
Arrest of the petitioner shall, however, remain stayed till
decision of his bail application.
[Rajan Gupta]
Judge
October 20, 2009.
‘ask’