Criminal Misc. No. M-4712 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-4712 of 2010 (O&M) Date of decision: 01.08.2011. Puneet Kumar ..Petitioner Versus State of Punjab and another ..Respondents CORAM: HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Pawan Kumar, Sr. Advocate with Mr. Anshuman Mandhar, Advocate, for the petitioner. Mr. Sudhir Nehra, Addl. A.G. Punjab, for respondent No.1 – State. None for respondent No.2. NAWAB SINGH, J. (ORAL) By filing this petition, petitioner seeks quashing of First Information Report (for short 'FIR') No.84 dated June 2nd, 2003, under Sections 380 and 457 of the Indian Penal Code, Police Station Majitha, District Amritsar (Annexure P-1) and order dated January 14th, 2010 passed by Judicial Magistrate First Class, Amritsar (Annexure P-16), whereby, he directed the prosecution to present report under Section 173 of the Code of Criminal Procedure, after arrest of the petitioner, as he was declared proclaimed offender. At the outset, learned counsel for the petitioner does not pray for quashing of the FIR as prosecution has already filed report for cancellation of the case. Learned counsel for the petitioner has urged that in this case, investigation was conducted seven times by Senior Officers and the accused was found innocent. Neither the petitioner was arrested nor prosecution has proposed to arrest him, a fact which has not been refuted by learned State counsel, so question of directing the prosecution to arrest the petitioner by the Trial Magistrate by impugned order does not arise. Criminal Misc. No. M-4712 of 2010 (O&M) 2 Submission being convincing, petition is accepted. Order dated January 14th, 2010 (Annexure P-16) is set-aside. It is ordered that on presentation of the report for cancellation of the case by the prosecution, Trial Magistrate shall consider the same and proceed further in accordance with law. Since the matter pertains to 2003 and we are now in 2011, Trial Magistrate is directed to decide the matter within 30 days from the date of receipt of this order. (NAWAB SINGH) JUDGE 01.08.2011 neetu