Crl. Misc. No. M-4656 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-4656 of 2010 (O&M) Date of decision:- 12.05.2011 Vikrant Kumar ...Petitioner Versus State of Punjab and another ...Respondents. CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Sarju Puri, Advocate for the petitioner. Mr. Guninder S. Brar, AAG, Punjab RITU BAHRI J.(Oral) The present petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing the cross case dated 30.09.2006 under Sections 323, 324, 326, 307, 506, 148,149 IPC (Annexure P2), registered in F.I.R No. 237 dated 28.09.2006(Annexure P1) under Sections 307, 326, 323, 324, 506, 148, 149 IPC, registered at Police Station Banga, District Nawanshahar and all the subsequent proceedings arising therefrom including the order dated 30.10.2007 (Annexure P4) whereby the petitioner has been erroneously declared as a Proclaimed offender. On 25.09.2006, at about 8.30 A.M., F.IR. was got registered on the statement of Surinder Singh son of Ajit Singh. As per his statement, he saw Vikrant Kumar was surrounded by Kulwinder Singh, Kuldeep Singh, Amrik Singh sons of Bela Singh, Inderjeet Singh son of Amrik Singh, all armed with unsheathed kirpans and Sarabjeet Singh armed with bare kirpan on the road. In the process of saving Vikrant Kumar, he suffered injuries. Vikrant Kumar was beaten up by all the accused. Sukhwinder Singh son of Ajit Singh came on the spot and witnessed the entire occurrence. The accused ran away from the spot Crl. Misc. No. M-4656 of 2010 (O&M) -2- along with their weapons. In the above background, F.I.R No. 237 dated 28.09.2006 under Sections 307, 326, 323, 324, 506, 148, 149 IPC was registered against the aforesaid accused. Thereafter, a cross case dated 30.09.2006 under Sections 323, 324, 326, 307, 506, 148,149 IPC (Annexure P2), was registered against the present petitioner and his co-accused on the basis of complaint submitted by respondent No. 2 before the Deputy Commissioner, Nawanshahar vide DDR dated 30.09.2006 wherein offence under Section 307 IPC came to be added later on (Annexure P2). Thereafter, upon completion of investigation, cross-challans were presented by the police before the learned Sub-Divisional Judicial Magistrate, Nawanshahar. In F.I.R, challan was presented against only two accused i.e Kulwinder Singh and Amrik Singh and in cross case, challan was presented against the present petitioner and his co-accused. Thereafter, vide order dated 30.10.2007, learned SDJM Nawanshahar without adopting the procedure unde the law and in violation of amended provisions of Section 82 Cr.P.C, declared the petitioner as a proclaimed offender. He has further submitted that the said order was passed knowing well that petitioner had gone abroad on account of his family's precarious financial position in order to earn his livelihood. During the pendency of the petition, the petitioner appeared before the trial Court and submitted his bail bonds, which has been duly accepted by SDJM, Nawanshahar on 06.05.2010. After going through the facts of the present case, this Court is of the view that since both the F.I.R and cross case have been decided, vide Annexures P8 and P9 and all the accused have been acquitted except the petitioner as he was declared proclaimed offender. Now nothing remains against the petitioner, which will lead to his conviction. It would be an exercise in futility to direct the petitioner to face the trial as all the injured have not supported the prosecution version. This Court in Sudo Mandal @ Diwarak Mandal versus State of Crl. Misc. No. M-4656 of 2010 (O&M) -3- Punjab a Division Bench of this Court vide judgment dated 17.3.2011 had an occasion to examine a case where three accused namely Radha Mandal, Rajiya Mandal and Sambodh Mandal were facing trial under Section 302 IPC, and subsequently they had absconded and declared proclaimed offenders. In the trial, accused Sudo Mandal and Dharminder Mandal were convicted by the trial Court. Appeal of accused Sudo Mandal and Dharminder Mandal were allowed by observing that the prosecution had miserably failed to establish its case. While examining the case of the three accused, who had been declared proclaimed offenders, this Court, while exercising the inherent powers under Section 482 Cr.P.C. quashed the proceedings against the absconding accused on the ground that no useful purpose will be served if they are produced and ordered to face the trial. The petitioner has approached this Court on the ground that the other co-accused have been acquitted and it would empty formality of trial, which would ultimately lead to their acquittal. In the present case since no useful purpose will be served by asking the petitioner, who is proclaimed offender to face the trial. The petition filed by their attorney is being entertained. Consequently, applying the ratio of the judgment of Sudo Mandal @ Diwarak Mandal versus State of Punjab (supra), cross case dated 30.09.2006 under Sections 323, 324, 326, 307, 506, 148,149 IPC (Annexure P2) registered in F.I.R No. 237 dated 28.09.2006(Annexure P1) under Sections 307, 326, 323, 324, 506, 148, 149 IPC, registered at Police Station Banga, District Nawanshahar and order dated 30.10.2007 (Annexure P4), is quashed with all consequential proceedings arising therefrom qua petitioner. Accordingly, the petition is allowed. May 12, 2011 ( RITU BAHRI ) G.Arora JUDGE