Nalima Warraich vs State Of Punjab - 2025 Supreme(P&H) 1104

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2025 Supreme(P&H) 1104

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Nalima Warraich – Appellant
Versus
State Of Punjab – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Ranjit S. Bajaj, Advocate

JUDGMENT :

Harpreet Singh Brar, J.

The present petition has been filed under Section 528 BNSS, 2023 for quashing of FIR No.151 dated 30.07.2023 registered under Section 174-A IPC at Police Station Division No.6, District Police Commissionerate, Jalandhar (Annexure P-1) as well as Challan dated 24.03.2025 (Annexure P-2) and all the subsequent proceedings arising out of the same.

2. The brief facts of the present case are that a complaint under Section 138 of Negotiable Instruments Act, 1881 was filed against the petitioner, wherein the petitioner was declared as proclaimed person and subsequently, FIR (supra) was registered.

3. Learned counsel for the petitioner submits that the petitioner was never served and was declared proclaimed person without following the drill of Section 82 Cr.P.C. Further, the mandatory drill of Section 195 Cr.P.C. has also not been followed in its letter and spirit by the trial Court.

4. Notice of motion.

5. Mr. Subhash Godara, Addl. A.G., Punjab, who is present in the Court, accepts notice on behalf of respondent No.1-State and supports the order passed by the learned trial Court by contending that the petitioner did not put in appearance before the trial Court