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2025 DAILYLAW 33715 (PNJ)

JAGDISH KAUR v. STATE OF UT CHD AND ANR

CRM-M/15665/2024 · 2025-08-28

Jasjit Singh Bedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M-15665-2024(O&M) #1# IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. CRM-M-15665-2024(O&M) Date of Decision:-28.08.2025 Jagdish Kaur. ......Petitioner. Vs. State of U.T., Chandigarh & Anr. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. Sarabjeet Singh Cheema, Advocate for Mr. Mohan Singh Chauhan, Advocate for the Petitioner. Mr. Rajiv Vij, Addl. PP U.T., Chandigarh. Mr. Sarthak Jindal, Advocate for Mr. SPS Sidhu, Advocate for the respondent no.2. *** JASJIT SINGH BEDI, J.(ORAL) The prayer in the petition under Section 482 Cr.PC is for quashing of FIR No.14 dated 14.01.2009 under Sections 467, 468, 471, 120- B IPC (Section 420 IPC added later on) registered at Police Station Sector 34, Chandigarh and Challan/Final Report under Section 173 Cr.PC dated 25.01.2010 (Annexure P-4/T) along with all the consequential proceedings arising therefrom including the impugned order dated 13.02.2024 passed by the Trial Court whereby the petitioner has been declared as proclaimed person. On 01.04.2024 the following order was passed:- “ Learned Senior Counsel contends that at this stage, he will press only for quashing impugned order dated 13.02.2024 (Annexure P.13) whereby petitioner was VINAY MAHAJAN 2025.08.29 09:43 I attest to the accuracy and integrity of this document CRM-M-15665-2024(O&M) #2# declared as Proclaimed Person. Notice of motion for 09.07.2024. Mr. Rajiv Vij, Addl. PP, UT, Chandigarh, accepts notice on behalf of the respondent- UT, Chandigarh.” On 05.08.2025 the following order was passed:- “ Ms. Vini Rana, Advocate for Mr. Sant Pal Singh, Sidhu, has put in appearance on behalf of respondent No.2 and has filed Power of Attorney, which is taken on record. Learned counsel for respondents seek time to file their respective replies to the present petition. Adjourned to 27.08.2025. Let the respective replies on behalf of respondent- State as well as respondent No.2 be filed on or before the next date of hearing In the meantime, learned counsel for the petitioner shall obtain instructions from the petitioner as to when he is ready and willing to come back to India and join proceedings.” The Counsel for the petitioner at the very outset submits that the petitioner wishes to withdraw the petition. The Counsel for the State has filed a Status report by way of affidavit of Ms. Harjit Kaur, Deputy Superintendent of Police, SDPO-South, Chandigarh in the court today which is taken on record. A perusal of the affidavit would reveal that the petitioner was declared a proclaimed person on 13.02.2024. This Court had given an opportunity to the petitioner to come back to India to face Trial with a rider that she would be protected from arrest. However, instead of returning back and joining the proceedings, she wishes to withdraw the instant petition with liberty to file a fresh petition later. Apparently, the petitioner does not intend VINAY MAHAJAN 2025.08.29 09:43 I attest to the accuracy and integrity of this document CRM-M-15665-2024(O&M) #3# to return back to India and face proceedings. Even if this Court was to quash the impugned order, the petitioner would not return back to face Trial. Therefore, the filing of the instant petition is nothing but an abuse of the process of the law. In view of the above, I find no merit in the present petition and the same stands dismissed. ( JASJIT SINGH BEDI ) JUDGE August 28, 2025 Vinay Whether speaking/reasoned Yes/No Whether reportable Yes/No VINAY MAHAJAN 2025.08.29 09:43 I attest to the accuracy and integrity of this document