Crl. Misc. No. M-10861 of 2011 (O&M) (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-10861 of 2011 (O&M) DATE OF DECISION: 08.04.2011 Ashok Kumar ..........Petitioner Versus State of Punjab ..........Respondent BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. H.K. Aurora, Advocate for the petitioner. **** DAYA CHAUDHARY, J. The present petition under Section 482 Cr.P.C. has been filed for quashing of order dated 11.2.2011 passed by learned Additional Sessions Judge, Jalandhar and order dated 11.5.2006 passed by learned Sub Divisional Judicial Magistrate, Nakodar in case FIR No. 179 dated 17.5.2004 registered under Sections 223,224,225 IPC and Section 13 (2) of the Prevention of Corruption Act, 1988. Learned counsel for the petitioner submits that as per statement of PW-1 there is no role of the present petitioner and since he was in the Court, he cannot be held liable in case of running away of Harjinder Singh and Jasbir Singh. Learned counsel for the petitioner further submits that it was only Joga Singh, who helped the accused in running and there are no specific allegations against the present petitioner. I have heard the arguments advanced by learned counsel for the petitioner and have also gone through the impugned orders. Admittedly, the petitioner was incharge of the Police party and Crl. Misc. No. M-10861 of 2011 (O&M) (2) the accused persons escaped from the police custody. Being the incharge of the police party, the present petitioner was also responsible for that and at the stage of summoning, it cannot be said that he was not responsible and his role was not there in running away of the accused persons. It is a matter of evidence whether the petitioner was in Court or not. Since the allegations are there in the statement with regard to role of the present petitioner and it is to be seen whether on the basis of allegations in the statement, the petitioner can be convicted or not. No ground is made to interfere in the impugned orders. The petition being devoid of any merit is hereby dismissed. April 08, 2011 (DAYA CHAUDHARY) pooja JUDGE Note:-Whether this case is to be referred to the Reporter .......Yes/No