IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.26159-M of 2008 Date of decision : 03-02-2009 Amar Kant ....Petitioner VERSUS State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Ms. K.S. Sidhu, Sr. Advocate with Mr. Vikrant Oberoi, Advocate, for the petitioner. Mr. Anter Singh Brar, DAG, Punjab. KANWALJIT SINGH AHLUWALIA, J. (Oral) Case FIR No.5 dated 11-1-1991 was registered at Police Station Kharar under Sections 307/324/323/342/365/34 IPC. A perusal of Annexure R/3 reveal that petitioner was placed in Column No.2. Counsel for the State has relied upon a supplementary statement of Smt. Prem Lata complainant recorded on 24-09-1991 to state that petitioner was named as accused in the FIR. Vide Annexure P-1 on 30-5-1992, JMIC, Kharar had declared the petitioner as proclaimed offender. Chander Kant co-accused was tried by the Court of Addl. Sessions Judge, Rupnagar. The judgment has been attached as Annexure P-3. As per the judgment, petitioner accused was armed with Soti and had given a injury to Rajinder Kumar. The trial Court had acquitted the co- accused u/s 307 & 365 IPC but had convicted him under Section 342 IPC. Chander Kant was convicted and sentenced to undergo RI for 1 year. Chander Kant filed an appeal in this Court vide Annexure P-4. He was released on probation. Counsel for the petitioner is not able to state whether the Court had taken cognizance against the petitioner or not. As he was placed Crl. Misc. No.26159-M of 2008 -2- in Column No.2, a reliance has been placed on Annexure P-7 to state that the Superintendent, District Court has stated that order of proclamation is not on file. State has relied on Annexure R-5 to show that petitioner was declared as a proclaimed offender in case FIR No.5 dated 11-1-1991 registered at Police Station Kharar under Sections 307/324/323/342/365/34 IPC. That order has been passed on 30-5-1992. Petitioner was declared proclaimed offender. In FIR specific role has been assigned. No merit. Dismissed. (KANWALJIT SINGH AHLUWALIA) 3-2-2009 JUDGE manju