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2022 Supreme(P&H) 1384

ANOOP CHITKARA
Darshana Kumari @ Darshna Bhatti – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
B.S. Bhalla, Advocate, Virat Rana, Advocate, Jagjeet Singh, Advocate, Amit Arora, Advocate

JUDGMENT

Anoop Chitkara, J. -

FIR No.

Dated

Police Station

Sections

14

31.12.2014

NRI, Amritsar, Distt. Amritsar

380 IPC

Seeking quashing of aforesaid FIR as well as proclamation order Annexure P-7, the accused has come up before this court under Section 482 of the Code of Criminal Procedure, 1973 (CrPC).

1. The accused could not be served through the ordinary process, including summons, bailable warrants, and even non-bailable warrants. The concerned court finally proceeded against the petitioner under section 82 of CrPC and declared the petitioner a proclaimed offender vide order dated 07.11.2015.

2. Counsel for the petitioner has placed on record the copy of immigration slips which reveals that the petitioner-Darshana Kumari @ Darshna Bhatti had arrived in India on 02.03.2018.

3. A reference to the impugned order Annexure P-7 reveals that there is no reference to the fact that the petitioner was away from India. Given above, there was no knowledge to the petitioner about appearance as contemplated under section 82 CrPC. Thus, the order is arbitrary and did no

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