Criminal Misc. No.14663-M of 2011(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.14663-M of 2011(O&M) Date of Decision : 12th May, 2011. Inderpal Singh ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present: Mr.K.V.Singh Advocate for the petitioner. Mr.Raghubir Singh, Sr. Deputy Advocate General, Punjab. * * * Ritu Bahri, J.(Oral) The present petition has been filed for quashing of the impugned dated 10.05.2005 vide which, the petitioner has been declared as proclaimed offender in FIR No.316 dated 27.10.2003 under Sections 13/3/67 of Gambling Act, registered at Police Station Division No.4, Jalandhar. Vide judgment dated 09.01.2007, the trial against the other co-accused was concluded and the accused were punished under Sections 13/3/67 of Gambling Act and sentenced to pay fine of Rs.50/- each and in default of payment of fine, they shall undergo R.I for 7 days. Counsel for the petitioner contends that on 07.04.2004, the petitioner could not appear before the Judicial Magistrate Ist Class, Jalandhar as the Presiding Officer was on leave and thereafter, the case was transferred to the court of Sh.Randhir Verma, Judicial Magistrate Ist Class, Jalandhar. No intimation was sent to the petitioner. The petitioner was under wrong impression that the case has been over being summary trial. Then the petitioner came to know about the judgment and the trial when he shifted from Hisar to Jalandhar and thereafter, immediately he applied for bail under Section Criminal Misc. No.14663-M of 2011(O&M) 2 438 Cr.P.C which was declined on 07.04.2011. Counsel for the State has not disputed the fact that the petitioner had shifted from Jalandhar to Hisar. I have heard the arguments of learned counsel for the parties and have gone through the record. On perusal of the record, it reveals that the petitioner was not aware about the pendency of the case and no efforts has been made to effect the service upon the petitioner. Accordingly, the petitioner is directed to surrender before the trial court within a period of 15 days and shall be released on bail on his furnishing bail bond and surety bond to the satisfaction of trial Court. The present petition is disposed of accordingly. (RITU BAHRI) 12th May, 2011. Judge Seema-II