Crl. Misc. No. M-12578 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. Misc. No. M-12578 of 2009 Date of Decision : July 09, 2009 Dara Singh .... Petitioner Vs. State of Punjab .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Rajesh K. Dadwal, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. * * * L. N. MITTAL, J. (Oral) : This is petition under Section 482 of the Code of Criminal Procedure (in short – Cr.P.C.) for quashing of order dated 06.04.2009 (Annexure P-3), passed by learned Chief Judicial Magistrate, Hoshiarpur, whereby application for withdrawing Arrest Warrant issued against the petitioner in case FIR No.126 dated 03.12.2007, under Sections 323, 506 of the Indian Penal Code (in short – IPC) and Sections 3 and 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, registered at Police Station Hariana, District Hoshiarpur (Annexure P-1), was dismissed. I have heard learned counsel for the parties and perused the Crl. Misc. No. M-12578 of 2009 2 case file. The petitioner was granted anticipatory bail vide order dated 11.04.2008 to remain operative till one month after filing of charge-sheet by the police or till decision of regular bail petition of the petitioner, whichever was earlier. Challan was presented by the police on 16.07.2008. The petitioner was ordered to be summoned for 27.08.2008, 25.09.2008, 03.11.2008 and 03.12.2008, whereafter he was ordered to be summoned through bailable warrant for 09.12.2008. The bailable warrant was executed on 24.02.2009, but the petitioner did not put in appearance in the trial court. Consequently, non-bailable warrant for arrest of the petitioner was ordered to be issued. The petitioner moved application for withdrawal of the said warrant before the trial court, which has been dismissed by impugned order Annexure P-3 because the anticipatory bail order ceased to be operative one month after 24.02.2009, when bailable-warrant was executed against the petitioner. However, the petitioner did not appear within one month even thereafter. Consequently, there is no ground for quashing the impugned order. In addition to the aforesaid, the petitioner obtained interim relief in this case by misleading the Court. It was submitted on behalf of the petitioner on 08.05.2009 that the petitioner was unaware of the filing of the challan, as no notice calling upon him to appear before the trial court was ever served. However, bailable warrant had been served on the petitioner on 24.02.2009. In view of the aforesaid, the instant petition is dismissed and interim order stands vacated. July 09, 2009 ( L. N. MITTAL ) monika JUDGE