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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
RAJESH BHARDWAJ
Sandeep Bhati @ Sandeep @ Bhonta @ Bhota – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Rajesh Bhardwaj, J. (Oral)
CRM-7116-2025
Instant application has been filed for preponing the main case from 24.04.2025 to an early date.
In view of the reasons mentioned in the application, same is allowed and the main case is taken up on Board today itself.
Main case
1. Prayer in the present petition is for quashing/setting aside of order dated 06.11.2024 passed by the learned Judicial Magistrate Ist Class, Gurugram in criminal trial bearing No.CHI-40270 of 2022, vide which the petitioner was declared as proclaimed person and for quashing of FIR No.1890 dated 17.11.2022 registered under Section 174-A IPC at police Station Shivaji Nagar, District Gurugram and all other subsequent proceedings arising out thereto, in view of the judgment 09.01.2023 (Annexure P-4), whereby the learned Court has acquitted the petitioner from the charges of FIR/trial during which the petitioner was declared a proclaimed person.
2. It has been submitted by learned counsel for the petitioner that the petitioner was prosecuted in FIR No.25 dated 21.01.2015 under Sections 356 and 379 of IPC at Police Station Sector-56, Gurugram. He has submitted that during the trial, the petitioner was declared as a p
The surrender of the petitioner before the trial Court and the abuse of the process of Court influenced the court's decision to quash the FIR and all consequential proceedings under Section 174-A IPC....
Continuation of proceedings under Section 174-A IPC is an abuse of process of law once the main dispute between the parties has ended.
The central legal point established in the judgment is that the proclamation under Section 82 CrPC must be effected in accordance with the law, and the mandatory requirements of Section 82(2) CrPC mu....
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