Criminal Misc. No. M-4270 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-4270 of 2011 Date of decision:-24.5.2011 Ram Pal @ Sonu ...Petitioner Versus State of Punjab and another ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Sarju Puri, Advocate for the petitioner. Mr. Guninder S. Brar, AAG Punjab for respondent No.1-State. RITU BAHRI J.(Oral) The petitioner has sought quashing of FIR No.154 dated 07.8.2005 under Sections 452,294,506,427,148 and 149 IPC, registered at Police Station Balachaur, District Nawanshahar. The petitioner is one of the accused in the trial in the FIR in question. On 4.3.2008 vide (Annexure P-3) he was declared proclaimed offender. Vide judgment dated 17.12.2008 (Annexure P-6) five co-accused, who had faced the trial, have been acquitted. The FIR was registered on the statement made by complainant Gurnek Singh that on 07.8.2005 when the complainant was present in his house with alongwith Satnam Singh and Amrik Singh, he was attacked by 15-20 boys armed with swords, gandasis, datars and clubs. They broke the windscreen of his zypsy No.HR03-7821. After framing of the charges all the eye witnesses turned hostile and declined to implicate the Criminal Misc. No. M-4270 of 2011 -2- accused persons. Statement of accused under Section 313 Cr.P.C. was dispensed with by the Court. Due to lack of evidence, the offence against the accused could not be proved and they were acquitted. The trial was kept pending against accused Kuldip Singh, Mukhtiar Singh, Jhujhar Singh, Ram Pal and Lakhvir Singh, who were declared proclaimed offenders. After this judgment, a compromise was effected with other co-accused, who had been declared proclaimed offenders, vide order dated 20.11.2009 (Annexure P-7), the FIR was quashed by this Court qua Lakhbir Singh and Mukhtiar Singh. Jhujhar Singh, who was proclaimed offender, appeared before the trial Court and was acquitted vide judgment (Annexure P-9) dated 09.09.2010. In compliance of order dated 17.2.2011 petitioner Ram Pal @ Sonu appeared before the trial Court and submitted his bail bonds in the sum of Rs.1,00,000/- with one surety in the like amount, which were accepted and attested. In Sudo Mandal @ Diwarak Mandal versus State of Punjab a Division Bench of this Court vide judgment dated 17.3.2011 had an occasion to examine a case where three accused namely Radha Mandal, Rajiya Mandal and Sambodh Mandal were facing trial under Section 302 IPC, and subsequently they had absconded and declared proclaimed offenders. In the trial, accused Sudo Mandal and Dharminder Mandal were convicted by the trial Court. Appeal of accused Sudo Mandal and Dharminder Mandal were allowed by observing that the prosecution had miserably failed to establish its case. While examining the case of the three accused, who had been declared proclaimed offenders, this Court, while exercising the inherent powers under Section 482 Cr.P.C. quashed the proceedings against the absconding accused on the ground that no useful purpose will be served if they are produced and ordered to face the trial. Contends that eight accused have already been acquitted and there is no Criminal Misc. No. M-4270 of 2011 -3- evidence which can be led against the petitioner and it would be an exercise of futility to drag the petitioner to face the trial before the trial Court. Counsel for the respondent has not disputed the factual aspect relating to acquittal of eight co-accused vide judgments of the trial Court and this Court. Consequently, in view of Sudo Mandal @ Diwarak Mandal versus State of Punjab (supra), FIR No.154 dated 07.8.2005 under Sections 452,294,506,427,148 and 149 IPC, registered at Police Station Balachaur, District Nawanshahar, is quashed with all consequential proceedings arising therefrom qua petitioner. The petition stands disposed of. May 24, 2011 ( RITU BAHRI ) Vijay Asija JUDGE