Cr.Misc. M 27530 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 27530 of 2010 Date of decision:20.9.2010 Ram Niwas Petitioner vs. State of Haryana. Respondent Present: Mr. Sanjay Vashisth, Advocate. M.M.S.BEDI,J. The petitioner is aggrieved by order dated 18.12.2008 (Annexure P-15) declaring the petitioner a proclaimed offender and the order passed by the revision court dated 4.3.2009 (Annexure P-16) dismissing the revision petition, inter alia on the ground he had not been served any notice u/s 82 Cr.P.C. and that he is governed by the provisions of Section 475 Cr.P.C. and Section 125 of the Army Act, being a Havaldar with Indian Army. The plea of alibi at the time of the occurrence has also been sought to be prima facie established on the basis of a court of inquiry (Annexure P-11) indicating that the petitioner was present at his place of posting on the day of the occurrence. It has also been submitted that the co-accused of the petitioner have been acquitted vide judgment dated 15.10.2009 (Annexure P-10). I have considered all the facts and circumstances of the case. Since the petitioner has been declared a proclaimed offender and his revision petition against the order declaring him proclaimed offender stands dismissed directing him to appear before the Illaqa Magistrate, I do not find, in exercise of powers u/s 482 Cr.P.C., any ground to interfere in the said Cr.Misc. M 27530 of 2010 2 order as there does not does not appear to be any abuse of the provisions of law. Dismissed. However, a direction is issued that in case the petitioner surrenders before the Illaqa Magistrate and moves an application for regular bail before the appropriate court, the application for bail will be decided within a period of 15 days. It will be open to the prosecution agency to present supplementary challan against the petitioner on his appearance before the Illaqa Magistrate. September 20 ,2010 ( M.M.S.BEDI ) TSM JUDGE