Crl. Misc. No. M-31531 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-31531 of 2011 (O&M) Date of Decision : 15.12.2011 Jaswant Singh …Petitioner Versus State of Punjab and another …Respondents ………. CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- 1. Whether Reporters of local newspapers may be allowed to see judgment? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Mr. D.D. Sharma, Advocate, for the petitioner. *** Alok Singh, J. (Oral) Present petition is filed for quashing of FIR No.114 dated 07.12.2007, under Sections 406,420,498-A, 120-B IPC, registered at Police Station Nihalsingh Wala, Tehsil and District Moga. Learned counsel for the petitioner has stated that petitioner has been declared proclaimed offender while he should have not been declared proclaimed offender in view of sub-section (4) of Section 82 Cr.P.C. He has further stated that an accused can be declared proclaimed offender if he is facing trial for the offences which are mentioned in sub-section (4) of Section 82 Cr.P.C. He has further stated that none of the offences against the petitioner fall under sub-section (4) of Section 82 Cr.P.C., therefore, order declaring him proclaimed offender is illegal and without jurisdiction. Mr. D.D. Sharma further contends that petitioner shall surrender before the competent Magistrate on 16.01.2012 and shall seek regular bail. Crl. Misc. No. M-31531 of 2011 (O&M) 2 In view of judgment passed by learned Single Judge of this Court in the case of Satinder Singh Vs. State of U.T. Chandigarh and another, reported in 2011(2) R.C.R. (Criminal) 89, petitioner could not be declared proclaimed offender since offences punishable under Sections 406,420,498-A did not find place under sub-section (4) of Section 82 Cr.P.C. Petitioner shall surrender/appear before the competent Magistrate on 16.1.2012 and if bail application is filed by the petitioner, it shall be disposed of by the learned Magistrate in accordance with law without any undue delay in any case within 48 hours’. Petition stands disposed of. ( Alok Singh ) December 15, 2011 Judge Anand