Criminal Misc. No. M-33944 of 2011(O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-33944 of 2011(O&M) Date of Decision: November 30, 2011 Nirmal Singh @ Nima ... Petitioner Versus State of Punjab and another ... Respondents CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH Present: Mr.Naveen Batra, Advocate, for the petitioner. NAWAB SINGH J.(ORAL) Challenge is to the order dated March 20 th, 2009 (Annexure P4) passed by Judicial Magistrate Ist Class, Anandpur Sahib, whereby, the petitioner has been declared as `Proclaimed Offender' in complaint No.RT-37 dated October 21 st, 2005 titled “Sito Devi vs. Ram Paul and others”. 2. On October 22 nd, 2011, this Court passed the following order:- “Learned counsel for the petitioner has urged that complaint titled `Sito Devi vs. Ram Paul and others' (Annexure P1) was filed under Section 323 and 324 etc. of the Indian Penal Code in the Court of Judicial Magistrate Ist Class, Anandpur Sahib. Before issuing the process, petitioner was residing abroad. He was never served upon. Later on, he learnt that he has been declared proclaimed offender. He came to India, verified it and then filed the present petition to challenge the order dated March 20 th, 2009 passed by Judicial Magistrate Ist Class, Anandpur Sahib. Notice of motion for 30.11.2011. Criminal Misc. No. M-33944 of 2011(O&M) [2] Meanwhile, petitioner shall appear before the trial Court on or before November 29 th, 2011 and move an application for bail and the trial Court shall admit him to bail on furnishing surety bonds to its satisfaction till further orders.” 3. Learned counsel for the petitioner has apprised this Court that pursuant to the aforesaid order, petitioner appeared before the Trial Court and has been admitted to bail on November 26 th, 2011. 4. The plea of having no knowledge of pendency of the complaint, raised on behalf of the petitioner to justify his absence, appears to be substantial. None has appeared on behalf of complainant/ respondent to rebut the pleas raised by the petitioner. 5. In the circumstances, the petition is allowed and the order, under challenge, is set aside. November 30, 2011 ( NAWAB SINGH ) gian JUDGE