ANOOP CHITKARA
Darshana Kumari @ Darshna Bhatti – Appellant
Versus
State of Punjab – Respondent
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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.