IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Crl. Misc. No. M-6301 of 2011 (O&M) Date of Decision:01.03.2011 Baldev Singh .....Petitioner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. S.S. Swaich, Advocate for the petitioner. **** DAYA CHAUDHARY, J.(Oral) Crl. Misc. No.11525 of 2011 Allowed as prayed for. Crl. Misc. No. M-6301 of 2011 This petition has been filed under Section 482 Cr.P.C on behalf of the petitioner, namely, Baldev Singh for setting aside the order dated 24.1.2005 passed by Judicial Magistrate Ist Class, Jagraon vide which he has been declared Proclaimed Offender in case FIR No.71 dated 21.4.2004 registered under Sections 420, 467, 468, 471 and 120-B IPC at Police Station Sidhwan Bet, Ludhiana. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the said FIR and no offence under the abovesaid Sections is made out against him. Learned counsel further submits that petitioner is Non Resident Indian and residing in New York City, USA since July, 2003 and the present FIR has been registered in his Crl. Misc. No. M-6301 of 2011 (O&M) -2- absence. The petitioner visited India only for a period of one month in April, 2006 and he was not aware with regard to registration of the said FIR. Learned counsel further submits that the petitioner was never served and no efforts were made by the trail Court to effect any service upon him and even it is clear from perusal of impugned order that service upon the petitioner was not effected. Learned counsel for the petitioner also submits that in view of the provisions of Section 82(4) of Cr.P.C., the petitioner could not have been declared as Proclaimed Offender as he was never served in USA and even no efforts whatsoever were ever made to serve him in any manner. Learned counsel for the petitioner further submits that the petitioner is ready to surrender before the trial Court and join the Court proceedings and co-accused of the petitioner are already facing the trial. Heard the arguments of learned counsel for the petitioner and have perused the record. A perusal of impugned order dated 24.1.2005 vide which the petitioner has been declared Proclaimed Offender shows that it is nowhere mentioned whether the petitioner was aware with regard to proceedings initiated against him or any efforts were made by the Court to effect any service upon him. Admittedly, the petitioners was away to USA and nothing has been mentioned in the impugned order that the petitioner has wilfully disobeyed the orders of the Court, therefore, remained absent. Since the petitioner is also ready to surrender before the Court and to join Court proceedings, the present petition is disposed of with a direction to the petitioner to surrender before the trial Court within a period of four weeks from the date of receipt of copy of the order. In case, he surrender before the trial Court, he shall be released on interim bail by the trial Court subject Crl. Misc. No. M-6301 of 2011 (O&M) -3- to furnishing of bail bonds and surety bonds to its satisfaction and other conditions to be imposed by the trial Court. Meanwhile, the arrest of the petitioner shall remain stayed. March 01, 2011 ( DAYA CHAUDHARY ) renu JUDGE