Criminal Misc.No.M-16125 of 2011(O&M) [ 1 ] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M-16125 of 2011(O&M) Date of Decision: September 29, 2011 Buta Singh @ Buta Partap Singh ... Petitioner Versus State of Punjab and others ... Respondents CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH Present: Mr.D.S.Pheruman, Advocate, for the petitioner. Mr.J.S,Bhullar, Assistant Adv. General, Punjab NAWAB SINGH J.(ORAL) Buta Singh alias Buta Partap Singh, by filing this petition under Section 482 of Code of Criminal Procedure, petitioner has sought quashing of First Information Report (for short 'FIR) No.159 dated November 28th, 2000 (Annexure P1) registered under Sections 148, 336, 379, 427 read with Section 149 of the Indian Penal Code (for short, “IPC”), registered in Police Station Patti, District Amritsar on the ground that his co-accused have been acquitted by Sub Divisional Judicial Magistrate, Patti by judgment dated December 09th, 2010 (Annexure P-2). 2. The above said FIR was registered against the petitioner and thirteen others. They all were facing trial, but during trial, the petitioner absconded. He was declared proclaimed offender. 3. A person who is declared Proclaimed Offender, has to be required to first move the Court which declared him Proclaimed Offender and even an objection against validity of proclamation is required to be raised at the first instance before the Court which issued the proclamation. In this case, co-accused Narpinder Singh and others have been acquitted because the prosecution could not prove the charge against them. The petitioner, who is the Proclaimed Offender cannot be given the benefit of said acquittal. The Criminal Misc.No.M-16125 of 2011(O&M) [ 2 ] prosecution has to get an opportunity to lead evidence against him, which is subject to appreciation by the Trial Court, which may reacy a conclusion holding the petitioner guilty. Hence, this Court does not find any ground to quash the aforesaid FIR on the said ground. 4. Dismissed. September 29, 2011 ( NAWAB SINGH ) `gian' JUDGE