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2023 Supreme(P&H) 1704

HARPREET SINGH BRAR
Pola Singh – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Parties : Mr. G.S. Sandhu, Mr. Madhur Sharma AAG, Punjab

Judgment

Mr. Harpreet Singh Brar, J.

This is the first petition filed under Section 482 of Code of Criminal Procedure with a prayer to quash the complaint No.25 dated 07.06.2007 titled as Gulzar Singh verus Ajit Singh and others (Annexure P-3), summoning order dated 30.03.2013 (Annexure P-4) and order declaring the petitioners as proclaimed offenders dated 02.04.2014 (Annexure P-8) passed by the Judicial Magistrate Ist Class, Rajpura and further prayer is for staying all the subsequent proceedings arising out of the aforementioned complaint.

2. Learned counsel for the petitioner wishes to withdraw his prayer with regard to quashing of the complaint bearing No. 25 dated 07.06.2007 (Annexure P-3) and summoning order dated 30.03.2013 (Annexure P-4) and confines himself to the limited prayer seeking quashing of the order dated 02.04.2014 (Annexure P-8), vide which the petitioners have been declared as ‘Proclaimed Offenders’ behind their back, especially when the similarly situated co-accused of the petitioners who faced the trial, have already been acquitted by the learned trial Court.

3. Learned counsel for the petitioners inter alia contends that on the basis of pre-summoning evidence, t

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