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High Court of Punjab and Haryana · body

2017 DAILYLAW 3036 (PNJ)

SUKHJINDER KAUR ALIAS SUKHWINDER KAUR AND ANR v. STATE OF PUNJAB

CRM-M/17423/2022 · 2026-04-22

Rupinderjit Chahal

body2017

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2. Learned counsel for the petitioners submits that the petitioners were declared proclaimed offender in FIR No. 214 dated 21.12.2017 under Sections 420, 465, 467, 468, 471, 120-B IPC at Police Station Division No.8, Ludhiana and subsequently, the impugned FIR was registered against the petitioners. He submits that the petitioners have already appeared before the Court in FIR No. 214 dated 21.12.2017 and have been granted bail on 15.07.2020. It is also submitted that since in the main criminal case, from which the proclamation proceedings arose, the petitioners have already MOHIT 2026.04.23 14:49 I attest to the accuracy and integrity of this document surrendered and have been granted bail by the trial Court, continuation of the proceedings under Section would serve no useful purpose and would amount to abuse of the process of law. Accordingly, prayer is made for quashing of the aforesaid FIR under Section and all consequential proceedings. 3. Learned State counsel opposes the petition and submits that the FIR was rightly registered as the petitioners failed to appear before the Court. He contends that later surrender and grant of bail do not cancel the offence under Section . He further submits that no ground for quashing is made out. Hence, dismissal of the petition is prayed for. 4. I have heard learned counsel for the parties and perused the record. 5. The object behind issuance of non-bailable warrants or proclamation is only to secure the presence of the accused and in the present case, the petitioners have already been granted bail by the learned trial Court. 6. In the present case, since the petitioners have already been granted concession of bail by the learned trial Court and all related proceedings have been closed, the FIR under cannot continue to stand and the order loses its basis. Consequently, the continuation of the proceedings under will be bad in law. MOHIT 2026.04.23 14:49 I attest to the accuracy and integrity of this document MOHIT 2026.04.23 14:49 I attest to the accuracy and integrity of this document