Crl. Misc. No. M-1680 of 2011 (O&M) (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-1680 of 2011 (O&M) DATE OF DECISION: 19.01.2011 Charanjit Kaur ..........Petitioner Versus State of Punjab ..........Respondent BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. C.M. Munjal, Advocate for the petitioner. **** DAYA CHAUDHARY, J. Crl. Misc. No. 3086 of 2011 Application is allowed as prayed for. Crl. Misc. No. M-1680 of 2011 The present petition under Section 482 Cr.P.C. has been filed by petitioner-Charanjit Kaur for quashing of order dated 25.11.2009 passed by Judicial Magistrate Ist Class, Ludhiana, whereby, non-bailable warrants have been issued in case FIR No. 256/06 registered under Section 420 IPC at Police Station Division No.5, Ludhiana. Learned counsel for the petitioner submits that the petitioner along with her deceased husband were accused in the aforesaid FIR and were on anticipatory bail. Learned counsel further submits that husband of the petitioner died on 22.8.2007 and due to this reason, she could not appear before the illaqa Magistrate on the date of presentation of challan, which was presented on that very day. Learned counsel for the petitioner also submits that the petitioner was not aware about the proceedings Crl. Misc. No. M-1680 of 2011 (O&M) (2) initiated against her as her husband was pursuing the case. Moreover, the petitioner did not receive any summons or bailable warrants and there was nothing on record to show that she avoided the service of the summons issued by the Court. The petitioner is ready to join the court proceedings. In view of the submissions made by learned counsel for the petitioner and the fact that the petitioner was on anticipatory bail and was not aware about the court proceedings, as her husband died on 22.8.2007 and she could not appear before the illaqa Magistrate at the time of presentation of challan, the absence of the petitioner from the Court proceedings seems to be unintentional and bondafide. The present petition is disposed of with a direction to the petitioner to surrender before the trial Court and furnish bail bonds and surety bonds to its satisfaction. In case, she surrenders before the trial Court within a period of one month, she shall be released on bail to its satisfaction. January 19, 2011 (DAYA CHAUDHARY) pooja JUDGE Note:-Whether this case is to be referred to the Reporter .......Yes/No