IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-230 of 2011 DATE OF DECISION: September 06, 2011 Devinder Kaur …..Petitioner versus The State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr.Inderjit Sharma, Advocate for the petitioner Mr.Rajesh Bhardwaj, Additional Advocate General, Punjab .. RAJAN GUPTA, J.: This is a petition seeking quashing of order dated 20.2.2008 (Annexure P-3) passed by CJM, Faridkot declaring the petitioner as proclaimed offender in case registered under section 420 IPC vide FIR No.300 dated 8.11.2006 at police station City Faridkot. Learned counsel for the petitioner submits that petitioner is a permanent resident of USA. The investigating agency never effected service on the petitioner and thus, order declaring her as a proclaimed offender deserves to be quashed. Learned State counsel has, however, vehemently opposed the prayer. He has referred to reply by way of affidavit of Paramjit Singh Parmar, Deputy Superintendent of Police (Sub Division), Faridkot. He submits that present petition has been preferred by an attorney of the accused. Crl.Misc.No.M-230 of 2011 - 2 - The petition is thus not maintainable as such. He further submits that during investigation statements of Dharam Singh, Kulbir Singh, Guraditta Singh and Balihar Singh were recorded and they supported the version of the complainant. According to him, procedure as prescribed under sections 82 and 83 Cr.P.C. was duly followed. A publication of proclamation was made by HC-Shagan Singh whereafter she was declared as proclaimed offender. I have heard learned counsel for the parties. A complaint was lodged by one Kulbir Singh. He alleged that petitioner had visited India in June-2004 and had promised to send him abroad. On this assurance a sum of Rs.5 lacs was handed over to her in presence of certain persons. The complainant again contacted the petitioner when she visited India. However, she denied that she had taken any money from him. She refused to honour the promise made earlier. Resultantly, FIR was lodged on 8.11.2006 at police station City Faridkot. After registration of case an investigation ensued in which the investigating agency recorded statements of certain witnesses. They supported the version of the complainant. However, as the petitioner failed to appear, CJM, Faridkot issued non-bailable warrants on 30.1.2007. According to stand of investigating agency, due publication thereof was made. The CJM recorded the statement of HC-Shagan Singh, who made publication, on 20.2.2008 and thereafter declared the petitioner as proclaimed offender. 2 Crl.Misc.No.M-230 of 2011 - 3 - Learned counsel for the petitioner has not been able to point out any infirmity in the impugned order. No convincing argument has been addressed on the question of effecting service on the petitioner in a foreign country and thus, no ground to interfere in impugned order in inherent jurisdiction of this court is made out. The petition is without any merit and is hereby dismissed. September 06, 2011 ( RAJAN GUPTA ) pc JUDGE 3