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2012 Supreme(P&H) 190

NIRMALJIT KAUR
Jasvinder Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
Mr. S.S. Siao, Advocate for the petitioner.
Mr. Kirat Singh Sidhu, D.A.G., Punjab for the respondent-State.
None for respondent No.2.

JUDGMENT

NIRMALJIT KAUR, J.

The petitioner, herein, is seeking quashing of FIR No.22 dated 16.02.2000 under Sections 452, 427, 506, 323, 148 and 149 IPC registered at Police Station Sohana, District S.A.S. Nagar, Mohali and Order dated 27.02.2001 passed by the trial Court and all consequential proceedings arising out of the said FIR.

While praying for quashing of the said FIR, the only argument raised by learned counsel for the petitioner was that the co-accused of the petitioner have since been acquitted by the trial Court vide its judgment dated 27.10.2010 (Annexure P-3) and the evidence against the present petitioner, being identical, the FIR against him should be quashed.

Learned counsel for the respondent-State, on the other hand, submitted that the petitioner is a proclaimed offender and, therefore, he cannot come back after ten years and claim parity with the other co- accused.

Heard.

The petitioner was granted bail in the said FIR. He is stated to have got married to an NRI girl during the pendency of the trial. Accordingly, he left India in the year 2001. Thereafter, he was declared a proclaimed offender on 21.02.2001. Meanwhile, the co-accused of the petitioner stoo

















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