IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 7529 of 2009 Date of decision: March 23, 2009 Lal Hussain ….. Petitioner Versus State of Punjab and Others. ….. Respondents Present: Ms. G.K. Mann, Advocate for the petitioner. *** S.S. SARON, J. This petition under Section 482 CrPC has been filed seeking quashing of FIR (Annexure P1) registered against the petitioner for the offences under Sections 326, 323 and 34 IPC. The petitioner was declared a Proclaimed Offender in the case on 13.10.1998 (Annexure P2). In the meantime, his co-accused have been acquitted vide order dated 18.11.2002 (Annexure P3). Therefore, the petitioner prays that since his co-accused have been acquitted on the basis of no evidence, the petitioner is also liable to be acquitted. After giving my thoughtful consideration to the matter, it may be noticed that the petitioner is a Proclaimed Offender since 13.10.1998. The mere fact that the co-accused of the petitioner have been acquitted is by itself no ground for quashing the FIR as against the petitioner also. The petitioner has been a Proclaimed Offender for the last more than 11 years. No indulgence is liable to be granted to a Proclaimed Offender who has been absconding for the last 11 years. Even otherwise, a judgment passed against the co-accused of the petitioner is not to Crl. Misc. No. M- 7529 of 2009 [2] be taken into account and considered for quashing the FIR against the petitioner as that would amount to not only appreciating evidence recorded in the trial of other accused but also circumventing the procedure provided by law. It is well-known this Court in exercise of its inherent jurisdiction under Section 482 CrPC to quash a criminal proceedings is not to circumvent or short circuit the procedure provided by law for the trial of accused. Besides, this Court in exercise of its jurisdiction for quashing a FIR is not to embark upon an inquiry to ascertain whether the allegations in the complaint are likely to be established by evidence or not. That indeed is the function of the trial Court when the evidence comes before it. Accordingly, the Crl. Misc. petition is dismissed. However, in case the petitioner surrenders before the Court within ten days from receipt of the copy of this order, his application for regular bail shall be considered within a week thereafter. (S.S. SARON) JUDGE March 23, 2009 amit