IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-15359 of 2009 (O&M) Date of decision: 30th May, 2009 Smt. Renu … Petitioner Versus State of Haryana and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. P.C. Gupta, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 438 Cr.P.C. seeking grant of anticipatory bail to the petitioner in case complaint No. 361/ 2007 titled Shiv Kumar v. Shri Chand and others instituted under Section 323, 452, 506, 34 IPC. Petitioner is a lady. She is being tried in a private complaint filed by the complainant as a counter-blast to the FIR lodged by the husband of the petitioner. Petitioner was facing prosecution along with her husband in a private complaint. She opted not to appear before the summoning Court and has been declared as Proclaimed Offender. Counsel for the petitioner has drawn my attention to section 174(a) IPC and section 82(4) Cr.P.C. to contend that after the amendment of the Code of Criminal Procedure and Indian Penal Code on 23rd June, 2006, petitioner could have been proceeded under Section 174(a) IPC instead of declaring her as Proclaimed Offender. Counsel has further stated that petitioner is a lady aged 26 years having two minor daughters Criminal Misc. No. M-15359 of 2009 (O&M) aged 3 years and 1 ½ years respectively. Counsel has submitted that in case petitioner surrenders, she will be sent behind the bars, it will unnecessarily cause hardship and also embolden the complainant to compel to effect the compromise in FIR case, where he is facing prosecution. Counsel has further submitted that petitioner is being tried in a complaint case, therefore, custodial interrogation is not required. Petitioner is permitted to assail the order declaring her as Proclaimed Offender. Necessary application to this effect be filed before the trial Court within ten days. Petitioner is ordered to be released on interim bail for a period of 15 days. During that period, application filed for setting aside the order declaring the petitioner as Proclaimed Offender will be considered and disposed off in accordance with provisions of law, taking into consideration section 174(a) IPC and section 82(4) Cr.P.C. The application so filed shall be decided within the period of interim bail. With these observations, present petition is disposed off. Copy of this order be given dasti on payment of usual charges. [KANWALJIT SINGH AHLUWALIA] JUDGE May 30, 2009 rps 2