Crl. Misc. No. M-23544 of 2010 (O&M) (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-23544 of 2010 (O&M) DATE OF DECISION: 31.01.2011 Nazer Singh through his attorney Iqbal Mohd. ..........Petitioner Versus State of Punjab ..........Respondent BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. DD Sharma, Advocate for the petitioner. **** DAYA CHAUDHARY, J. Crl. Misc. No. 41934 of 2010 Application is allowed as prayed for. Crl. Misc. No. M-23544 of 2010 The present petition under Section 482 Cr.P.C. has been filed on behalf of Nazer Singh for quashing of order dated 28.9.2002 vide which he has been declared Proclaimed Offender in case FIR No. 138 dated 18.6.2001 registered under Sections 302,364,376,341,506,201,34 IPC at Police Station behram, District Nawanshahr. Learned counsel for the petitioner contends that the petitioner has wrongly been declared Proclaimed Offender as he was never served at his address and he was away to Italy and was declared proclaimed offender in his absence. Learned counsel further contends that no efforts were made to effect the service upon the petitioner and P.O. proceedings have been initiated without following any procedure whatsoever. Learned counsel also contends that the petitioner was residing abroad even prior to Crl. Misc. No. M-23544 of 2010 (O&M) (2) the registration of the FIR and he is ready to surrender before the trial Court and join the Court proceedings. In view of the contentions raised by learned counsel for the petitioner and the fact that the petitioner was not in India and PO proceedings were initiated in his absence, no efforts were made to effect any service and moreover there is nothing on record to show that the petitioner absented himself willfully and avoided the service of the summons in any manner, the present petition is disposed of with a direction to the petitioner to surrender before the trial Court within a period of one month from the date of receipt of copy of the order and in case he surrenders before the trial Court, he shall be released on bail on his furnishing bail bond and surety bond to the satisfaction of the trial Court. Meanwhile, arrest of the petitioner is stayed. January 31, 2011 (DAYA CHAUDHARY) pooja JUDGE Note:-Whether this case is to be referred to the Reporter .......Yes/No