In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-15057 of 2010 ..... Date of decision:15.7.2010 Vishwanath alias Sarpanch and another .....Petitioners v. State of Punjab .....Respondent .... Present: Mr. Satnam Singh Gill, Advocate for the petitioners. ..... S.S. Saron, J. This petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of PO proceedings initiated against the petitioners vide order dated 4.5.2010 (Annexure-P.3) in case FIR No.72 dated 13.10.2009 registered at Police Station Sadar Ghanaur, District Patiala for the offences under Sections 420, 465, 467, 468, 471, 120-B, 353 and 186 Indian Penal Code. After hearing learned counsel for the petitioner and perusing the record, it may be noticed that in terms of the impugned order dated 4.5.2010 (Annexure-P.3) it has been observed by the learned Sub Divisional Judicial Magistrate, Rajpura that non-bailable warrants of arrest issued against the accused had been received back unserved. ASI Baldev Singh made a statement to the effect that Vishwanath (petitioner No.1) and Ranjit Kumar (petitioner No.2), Harinder Singh, Tara Singh and Mohan Singh (non-petitioners) were not traceable. In view of the said statement, the learned Magistrate was satisfied that the accused were absconding and Cr. Misc. No.M-15057 of 2010 [2] concealing themselves to avoid execution of arrest warrants. Accordingly, proceedings under Sections 82 and 83 Cr.P.C. were ordered to be initiated against the said accused. Proclamation against them has been issued through ordinary process for 25.8.2010. Therefore, the petitioners are required to appear before the Court of the learned Sub Divisional Judicial Magistrate, Rajpura on 25.8.2010. The contention of the learned counsel for the petitioners is that the petitioners had been appearing before the Inquiry Officer and a detailed inquiry (Annexure-P.2) has been conducted by the Superintendent of Police (Detective), Patiala in which he had found the petitioners to be innocent. Be that as it may be, the Police is the competent authority to examine the said report and file a cancellation report in that regard. Till such report is filed the order dated 4.5.2010 (Annexure-P.3) passed by the learned Sub Divisional Judicial Magistrate, Rajpura is to be complied with and the petitioners are liable to appear before the said Court. This Court cannot stay their appearance when the application filed for grant of pre-arrest bail by Vishwanath (petitioner No.1) has been dismissed by this Court vide order dated 26.4.2010 passed in Criminal Misc. No.M-11360 of 2010. The pre- arrest bail of Ranjit Kumar (petitioner No.2) it is stated has also been dismissed on 15.12.2009 in Criminal Misc. No.M-31865 of 2009. In view there of there is no merit in the petition and the same is accordingly dismissed. July 15, 2010. (S.S. Saron) Judge *hsp*