Crl.misc. No.30123-M of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No. M-30123 of 2010 Date of Decision:July 19, 2011 Shabaaj Singh and others ...........Petitioners Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.P.S.Ahluwalia, Advocate for the petitioners. Mr.G.S.Brar,Assistant Advocate General Punjab ** Sabina, J. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure for setting aside the order dated 2.12.2009 (Annexure P4) whereby the petitioners were declared proclaimed offenders and order dated 27.2.2010 (Annexure P6) whereby the request made by the prosecution for discharge of the petitioners was declined. After hearing the learned counsel for the parties, I am of the opinion that the present petition deserves to be allowed. Crl.misc. No.30123-M of 2010 (O&M) 2 Admittedly, at the time of presentation of challan, the names of the petitioners were kept in column No.2. During investigation of the case, petitioners were found innocent, vide report dated 16.11.2009 (Annexure P2). In order to rectify the mistake, a supplementary challan (Annexure P5) was presented wherein it was mentioned that the petitioners had been found innocent after inquiry and it was requested that the names of the petitioners be cancelled in the present case. Vide impugned order dated 27.2.2010 (Annexure P6), the request of the prosecution was declined. Learned trial Court has erred in declining the request made by the prosecution as the petitioners were found innocent during investigation, and hence, there was no occasion to declare them proclaimed offender as they were no longer required in the case. Accordingly, this petition is allowed. The impugned orders dated 2.12.2009(Annexure P4) and dated 27.2.2010 (Annexure P6) are quashed. ( Sabina ) Judge July 19, 2011 arya