Cr.Misc. M 11233 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 11233 of 2010 Date of decision: 27.4.2010 Mohit Kumar Petitioner vs. State of Punjab Respondent Present: Mr. SS Matjithia, Advocate. M.M.S.BEDI,J. Learned counsel submits that the petitioner is neither named in the FIR by the complainants, who are eye witnesses nor he has received any intimation regarding he being involved in the case. There was no publication u/s 82 Cr.P.C. giving intimation to the petitioner. It is claimed that the petitioner belongs to a family of NRI, as such he has been involved in the case with an oblique motive. It has also been claimed that the proper procedure has not been followed for declaring the petitioner a proclaimed offender. After hearing learned counsel for the petitioner, I am of the opinion that the legality and propriety of the order dated 27.2.2010 can be examined by the revisional court of Sessions Judge by carefully going through the proclamation and appreciating the mala fide, which has been alleged by the petitioner. The petition is disposed of, relegating the petitioner to the alternative remedy of filing a revision petition. It is not out of place to mention here that the counsel for the petitioner has submitted that the petitioner has got no intention to evade the process of law and that in case Cr.Misc. M 11233 of 2010 2 there is any material against him, he is ready to appear before the legal authorities to face trial as per law. When confronted as to why the petitioner has not availed the remedy u/s 438 Cr.P.C., counsel for the petitioner submits that the order dated 27.2.2010, having been obtained by the investigating agency with mala fide intention, might cause hindrance in getting relief of bail. I have considered the said contention. It will be open to the petitioner to seek the setting aside of the order dated 27.2.2010 and simultaneously avail the legal remedy, available to him u/s 438 Cr.P.C. in accordance with law. April 27 ,2010 ( M.M.S.BEDI ) TSM JUDGE