Crl. Misc. No.M-1421 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-1421 of 2010 (O&M) Decided on : 10-11-2010 Sukhdev Singh Heran ....Petitioner VERSUS State of Punjab and others ....Respondents CORAM:- HON'BLE MR. JUSTICE RAJAN GUPTA Present:- Mr. Sunil Chadha, Advocate for the petitioner. Mr. Raghbir Chaudhary, Senior Deputy Advocate General, Punjab RAJAN GUPTA, J This is a petition under Section 482 Cr.P.C seeking quashing of FIR No. 305 dated 26.12.1989 registered under Sections 376, 342, 323 and 34 IPC at police station Jagraon, in which the petitioner was one of the accused. At the very outset, learned counsel for the petitioner submits that co-accused in the case have already been acquitted by the trial court vide judgment dated 7.10.1993 (Annexure P-2) passed by Additional Sessions Judge, Ludhiana. Referring to the said order, he has submitted that the prosecutrix failed to appear before the trial court despite numerous opportunities. Since the prosecution was not able to bring any evidence before the trial court, the accused were acquitted of the offences alleged. It is further submitted that the petitioner was summoned under Section 319 Cr.P.C but summons could not be served upon him as he had Crl. Misc. No.M-1421 of 2010 (O&M) 2 left for Canada at that time. He was thus declared proclaimed offender. He further submits that petitioner is ready to surrender before the trial court and face trial. He, however, prays that some protection be provided to the petitioner to enable him to appear before the trial court. Learned State counsel has though opposed the prayer made in the petition for quashing of FIR but does not oppose the plea for protection in case the petitioner appears before the trial court at the earliest. I have heard learned counsel for the parties. In view of the facts and circumstances of the case, I am of the considered view that in case the petitioner surrenders before the trial court within a period of two months from today in order to face the trial, his prayer for protection deserves to be accepted. Under the circumstances, it is directed that in case the petitioner surrenders before the trial court within a period of two months, he shall be released on bail subject to his furnishing heavy surety to the satisfaction of the trial court. It is further directed that trial court shall endeavour to conclude the trial expeditiously preferably within a period of three months. November 10 , 2010 (Rajan Gupta) rekha Judge