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2025 DAILYLAW 33905 (PNJ)

M/S BABU RAM BALAK RAM COMMISSION AGENTS v. STATE OF HARYANA AND OTHERS

CRM-M/15978/2024 · 2025-05-02

Harpreet Singh Brar

body2025

Judgment text

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242 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-15978-2024 (O&M) Date of Decision: 02.05.2025 M/S BABU RAM BALAK RAM COMMISSION AGENTS …Petitioner V/S STATE OF HARYANA AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. G.S. Dhindsa, Advocate for the petitioner. Mr. Ramesh Kumar Ambavata, AAG Haryana. **** HARPREET SINGH BRAR J. (Oral) Present petition has been filed under Section 482 of Cr.P.C. seeking issuance of directions to respondents No. 1 to 4 to register an FIR under Section 174-A of IPC against the proclaimed person/Dharam Singh (respondent No. 5) as he has already been declared as proclaimed person vide order dated 07.07.2018 (Annexure P-2) passed by learned Judicial Magistrate Ist Class, Indri Karnal in complaint bearing No. NACT 11/2017 titled as “M/s. Babu Ram Balak Ram Commission Agents V/s Dharam Singh” filed by the present petitioner under Sections 138 and 142 of Negotiable Instruments Act, 1881. Following order was passed on 27.02.2025: “Learned counsel for the petitioner inter alia contends that in spite of the fact that respondent No.5 was declared as proclaimed person vide order dated 07.07.2018 (Annexure P-2) passed by the learned Judicial Magistrate 1st Class, Indri, Karnal, no effort has been made by the jurisdictional police authorities either to invoke the provision of Section 83 of Cr.P.C. or to register an FIR under Section 174-A of IPC. The action of the official respondents is clearly in violation of the detailed guidelines issued by this Court in ‘Darshan Singh Vs. State of Punjab and others’ CRM-M-55907-2023 decided on 21.12.2023. AJAY GOSWAMI 2025.05.05 10:55 I attest to the accuracy and integrity of this document CRM-M-15978-2024 (O&M) -2- In view of the peculiar facts and circumstances of the case, respondent No.2 is directed to file his affidavit explaining therein why the directions issued by this Court in Darshan Singh (supra) have not been followed and what steps have been taken in compliance thereof. Adjourned to 02.05.2025.” In compliance of the aforesaid order, a compliance report dated 01.05.2025 has been filed by learned State counsel today in the Court. Same is taken on record. Be tagged at the appropriate place. Learned State counsel refers to para Nos. 3 and 4 of the affidavit and submits that the grievance raised by the present petitioner has been substantially redressed. As such, nothing survives in the present petition. Respondent No. 5 was arrested and produced before the learned jurisdictional Court and he further submits that directions issued by this Court in Darshan Singh Vs. State of Punjab and Others passed in CRM-M-55907-2023 (O&M) decided on 21.12.2023 are being complied with in its letter and spirit and dedicated Cell to arrest the proclaimed persons/offenders have been constituted with sufficient manpower and other resources. In view of the above, no further directions are required to be issued in the present petition and the same is hereby disposed of accordingly. (HARPREET SINGH BRAR) 02.05.2025 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No AJAY GOSWAMI 2025.05.05 10:55 I attest to the accuracy and integrity of this document