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2022 Supreme(P&H) 1165

MANJARI NEHRU KAUL
Monu Rani @ Rajni – Appellant
Versus
State Of Haryana – Respondent


Advocates:
Mr. Arav Gupta, Advocate; for the Petitioner.

JUDGMENT

Manjari Nehru Kaul, J. (Oral) - Instant petition has been filed under Section 482 Cr.PC for quashing of the order dated 20.01.2022 (Annexure P-ll) passed by JMIC, Fatehabad in case FIR No.62 dated 25.08.2021 under Sections 498-A/34 IPC (Sections 406/506 IPC added later on) vide which the trial Court issued fresh proclamation against accused-respondent No.2 despite the fact that first proclamation had been duly executed under Section 82 Cr.PC.

2. Learned counsel for the petitioner submits that the learned trial Court while passing the impugned order gravely erred and acted contrary to the provisions contained in Section 82 Cr.PC by issuing fresh proclamation against respondent No.2 for 09.03.2022. He further submits that although the proclamation issued by the Court below vide order dated 02.12.2021 stood duly effected upon the accused-respondent No.2, as was evident from the order dated 11.01.2021, however, respondent No.2 intentionally absented and did not put in appearance before the trial Court on the date fixed i.e. 20.01.2022. He thus, submits that since the absence of respondent No.2 was intentional before the trial Court on 20.01.2022, he ought to have been proceeded

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