Crl. Misc. No. M-34637 of 2010 (O&M) (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-34637 of 2010 (O&M) DATE OF DECISION: 10.03.2011 Avtar Singh ..........Petitioner Versus State of Punjab ..........Respondent BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Harsh Aggarwal, Advocate for the petitioner. **** DAYA CHAUDHARY, J. Crl. Misc. Nos. 61628-29 of 2011 Applications are allowed as prayed for. Crl. Misc. No. M-34637 of 2010 The present petition under Section 482 Cr.P.C. has been filed on behalf of Avtar Singh for quashing of FIR No. 100 dated 22.8.2008 registered under Section 420 IPC read with Section 12 (1) (B) of the Passport Act, 1967 at Police Station Mukerian, District Hoshiarpur. Learned counsel for the petitioner contends that the FIR was registered at the back of the petitioner when he was away to Italy and there is a delay of 10 years in the registration of the FIR as passport No. A- 5564439 was issued on 24.6.1998 and present FIR was registered on 22.8.2008, whereas, the said passport was valid upto 23.6.2008 . Learned counsel for the petitioner further submits that the petitioner was never served at his address as he was not in India. No efforts were made by the trial Court to effect any service upon the petitioner and this is not the case Crl. Misc. No. M-34637 of 2010 (O&M) (2) that the petitioner remained absent willfully or avoided the service of the Court proceedings. Even from the bare perusal of the impugned order (Annexure P-3) vide which the petitioner has been declared P.O., nowhere it is mentioned that the petitioner avoided service in any manner and was having the knowledge of the summons issued by the trial Court. Learned counsel also submits that the petitioner is ready to surrender before the trial Court and join the Court proceedings and will file a fresh petition for quashing of the FIR himself as he is now in India. Admittedly, impugned P.O. order was passed in the absence of the petitioner and no efforts were made to effect any service upon him and nothing with regard to service has been mentioned in the impugned order. Only it has been mentioned that the petitioner has been served through proclamation which was duly effected on 28.2.2009 whereas the petitioner was not in India on that date. Since the petition has been filed for quashing of the FIR through power of attorney and petitioner has been declared P.O., the FIR cannot be quashed at this stage. However, as the petitioner is ready to surrender before the trial Court and to join the Court proceedings, the present petition is disposed of with a direction to the petitioner to surrender before the trial Court within a period of two weeks from the date of receipt of copy of the order and in case he surrenders before the trial Court, he shall be released on interim bail on his furnishing bail bond and surety bond to the satisfaction of the trial Court subject to payment of costs of ` 15,000/-, which is to be deposited with Punjab State Legal Services Authority. March 10, 2011 (DAYA CHAUDHARY) pooja JUDGE Crl. Misc. No. M-34637 of 2010 (O&M) (3) Note:-Whether this case is to be referred to the Reporter .......Yes/No