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229 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-16950-2025 Date of decision : 05.04.2025 Sachin Jain .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Ms. Palvi, Advocate for the petitioner. Mr. Karunesh Kaushal, A.A.G., Punjab.
RAJESH BHARDWAJ, J. (Oral)
1. Present petition has been filed praying for directing the official respondents to register an FIR under Section 209 of the Bharatiya Nyaya Sanhita, 2023 (Earlier Section 174-A of IPC) against respondent No.5 as respondent No.5 has been declared as Proclaimed Person by learned Judicial Magistrate, Jalandhar vide order dated 31.10.2023 (Annexure P-1) in case bearing No. NACT/4825/2021 titled as ‘Sachin Jain vs. Harish Kumar @ Sonu’ bearing registration No.4825-2021 dated 03.12.2021 and is absconding from the process of law with intention of causing harm to petitioner and thus, the act and conduct of respondent No.5 is such that it warrants that official respondents shall register an FIR under Section 209 of Bharatiya Nyaya Sanhita, 2023 (earlier Section 174- A of IPC) against respondent No.5.
2. Notice of motion was issued in the present case on 28.03.2025 and respondent No.4 i.e. S.H.O., Police Station Navi Biradari, Jalandhar, was directed to be present in person in the Court.
POOJA SHARMA 2025.04.05 18:16 I attest to the accuracy and integrity of this document
CRM-M-16950-2025 -2-
3. In compliance of the same, S.H.O. is present in person in the Court. He has submitted before this Court that as the order dated 31.10.2023, whereby the respondent No.5 was declared a proclaimed person, could not be communicated, hence the FIR was not registered. He further stated that now the order has been received and FIR No.51 under Section 174-A IPC was registered on 29.03.2025, at Police Station Navi Biradari, and the challan has also been presented.
4. In view of the above statement made by the S.H.O. present in the Court, nothing survives in the present petition and same is disposed of.
( RAJESH BHARDWAJ ) 05.04.2025 JUDGE ps-I Whether speaking/reasoned : Yes/No Whether reportable : Yes/No POOJA SHARMA 2025.04.05 18:16 I attest to the accuracy and integrity of this document