Crl.Misc.No.M- 21855 of 2011 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Crl.Misc.No.M- 21855 of 2011 (O&M) Date of decision: 28.7.2011 Mandeep Kumar @ Boby ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Raminderjit Singh, Advocate for Mr.R.P.Dhir, Advocate, for the petitioner. **** SABINA, J. Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of order dated 19.11.2010 (Annexure P-1), passed by the Judicial Magistrate Ist Class, whereby the petitioner was wrongly declared as proclaimed offender and directed to be arrested in case FIR No.12 dated 28.1.2006, under Sections 326, 341, 323, 427, 148/ 149 of the Indian Penal Code ('IPC' for short), 1860 registered at Police Station Model Town, Ludhiana. Notice of motion. At the asking of Court, Sh. Vishal Munjal, Addl.A.G.Punjab Crl.Misc.No.M- 21855 of 2011 (O&M) 2 has accepted notice on behalf of the State. Learned counsel for the petitioner has submitted that the FIR in question was quashed qua the petitioner by this Court vide order dated 4.12.2008 and despite that the impugned order had been passed. Original file bearing CRM No.9339-M of 2008 was summoned. A perusal of the same reveals that the present petitioner was petitioner No.1 in the said case. Vide order dated 4.12.2008, the FIR in question was quashed qua petitioners No.1 to 4 and 6 in the said petition. Despite the quashing of the FIR qua the petitioner, the Judicial Magistrate, Ist Class has passed the following order on 19.11.2010:- “Addl.P.P. for the State closed the prosecution evidence under Section 299 Cr.P.C. File be consigned to the record room sine die till the accused is arrested/ traced and brought to the court for further proceedings.” Thus, this petition is liable to be allowed as the proceedings under Section 299 Cr.P.C. could not have been carried out against the petitioner as the FIR in question qua him already stood quashed by this Court vide order dated 4.12.2008 passed in CRM-M No.9339 of 2008. Accordingly, this petition is allowed. The impugned order dated 19.11.2010 (annexure P-1) is set aside. (SABINA) JUDGE July 28, 2011 anita