Crl. Misc. No.M-34906 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-34906 of 2010 Date of Decision: 02.12.2010 Jagdish Singh Toor ....Petitioner Versus State of Punjab ...Respondent CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. Amit Jhanji, Advocate for the petitioner. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) This is a petition under Section 482 Cr.P.C for quashing the order dated 07.07.2010 passed by the Chief Judicial Magistrate, Moga, whereby, the application for discharge of the petitioner on the basis of report under Section 173(8) Cr.P.C submitted by the police has been dismissed and order dated 29.11.2005, vide which, the petitioner was declared proclaimed offender in case FIR No.12 dated 14.01.2005 under Section 420 IPC registered at Police Station Kot Ise Khan, District Moga. It is contended that the trial Court dismissed the application of the petitioner for discharge in as much as the petitioner had not appeared before the Court till date and he was declared proclaimed offender. It is stated that the petitioner is now ready and willing to appear if interim protection and another opportunity is granted to him. It would be important to notice the order dated 17.05.2007 Crl. Misc. No.M-34906 of 2010 2 passed by the Coordinating Bench of this Court. A perusal of the said order shows that his revision for quashing of the impugned order was dismissed as he was a proclaimed offender and moreover no application was moved on his behalf for the stay of his arrest nor the learned counsel appeared to make his submissions. Obviously, the petitioner was not interested in surrendering before the Court. The revision petition already stands dismissed. After a gap of almost three years, instead of surrendering, an application was moved once again by the petitioner before the trial Court. The same was again dismissed for the same reason. In view of the above facts, the present petition deserves to be dismissed and is dismissed as such. However, in the interest of justice, in case, the petitioner appears before the trial Court on or before 28.02.2011 and moves an application for regular bail, the same shall be decided within ten days. However, he is granted interim protection against arrest uptil the said date or till he surrenders, whichever is earlier. Disposed of in the above said terms. (NIRMALJIT KAUR) 02.12.2010 JUDGE gurpreet