CRM-M-34170 of 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA Kulbant Singh Sangha @ Kulwant Singh State of Punjab CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present: - NAMIT KUMAR, J. 1. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of learned Judicial Jalandhar, whereby the proclaimed offender in case FIR No.49 registered under Sections 498 Code, 1860 at Police Station Nurmahal, District Jalandhar. similar petition has been filed by the petitioner before this Court or before the Hon’ble Supreme Court. Singh, A.A.G., Punjab has put in appearance on behalf of respondent 34170 of 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-34170 Date of decision Kulbant Singh Sangha @ Kulwant Singh Versus Punjab and another CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Mr. R.K. Arya, Advocate, for the petitioner. Mr. Adhiraj Singh, AAG, Punjab. NAMIT KUMAR, J. (ORAL) On 07.07.2025, the following order was passed: “The petitioner has filed the instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of order dated 25.01.2011 (Annexure P learned Judicial Magistrate First Class, Phillaur, District Jalandhar, whereby the petitioner h proclaimed offender in case FIR No.49 registered under Sections 498-A, 406, 494 & 34 of Code, 1860 at Police Station Nurmahal, District Jalandhar. In para 12 of the petition it has been stated that no such similar petition has been filed by the petitioner before this Court before the Hon’ble Supreme Court. On receipt of advance copy of the petition, Mr. Adhiraj Singh, A.A.G., Punjab has put in appearance on behalf of respondent No.1-State and submits that the petitioner had earlier 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 34170 of 2025 Date of decision: 17.07.2025 ......Petitioner ......Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Mr. Adhiraj Singh, AAG, Punjab. following order was passed: - has filed the instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking order dated 25.01.2011 (Annexure P-4) passed by Magistrate First Class, Phillaur, District petitioner has been declared as proclaimed offender in case FIR No.49 dated 29.06.2010 A, 406, 494 & 34 of Indian Penal Code, 1860 at Police Station Nurmahal, District Jalandhar. In para 12 of the petition it has been stated that no such or similar petition has been filed by the petitioner before this Court before the Hon’ble Supreme Court. On receipt of advance copy of the petition, Mr. Adhiraj Singh, A.A.G., Punjab has put in appearance on behalf of hat the petitioner had earlier RAVINDER SINGH 2025.07.17 18:49 I attest to the accuracy and integrity of this document CRM-M-34170 of 2025 filed petition Sangha Vs. State of Cr.P.C. for quashing of the withdrawn by the petitioner with liberty to available in law, vide order dated 12.09.2023 and petition may be dismissed with exemplary cost on account concealment and being not maintainable. laid down by this C ‘Sukhwinder Singh through his SPA and others Vs. State of Punjab and another’ decided on 18.10.2023 is not maintainable as the Power of Attorney by impugning (Annexure P proclaimed offender. petitioner 2. present petition with liberty to file fresh one on the same cause of action by petitioner himself and not through SPA. 3. 17.07.2025 R.S. 34170 of 2025 filed petition bearing CRM-M No.27012 of 2019 (Kulbant Singh Sangha Vs. State of Punjab and another) under Section 482 of Cr.P.C. for quashing of the abovesaid FIR, which was withdrawn by the petitioner with liberty to available in law, vide order dated 12.09.2023 and petition may be dismissed with exemplary cost on account concealment and being not maintainable. He further submits that even otherwise, in view of the law laid down by this Court in CRM ‘Sukhwinder Singh through his SPA and others Vs. State of Punjab and another’ decided on 18.10.2023 is not maintainable as the same has been filed through Special Power of Attorney by impugning the or (Annexure P-4), whereby the petitioner has proclaimed offender. Faced with this situation, learned counsel for the petitioner seeks an adjournment to get instructions. Adjourned to 11.07.2025.” Learned counsel for the petitioner wishes to withdraw the present petition with liberty to file fresh one on the same cause of action by petitioner himself and not through SPA. Dismissed as withdrawn with liberty aforesaid. Whether speaking/reasoned Whether Reportable 2 M No.27012 of 2019 (Kulbant Singh Punjab and another) under Section 482 of abovesaid FIR, which was withdrawn by the petitioner with liberty to avail his remedies as available in law, vide order dated 12.09.2023 and the present petition may be dismissed with exemplary cost on account of concealment and being not maintainable. He further submits that even otherwise, in view of the law CRM-M-7189-2023 titled as ‘Sukhwinder Singh through his SPA and others Vs. State of Punjab and another’ decided on 18.10.2023, the instant petition same has been filed through Special the order dated 25.01.2011 4), whereby the petitioner has been declared Faced with this situation, learned counsel for the seeks an adjournment to get instructions. the petitioner wishes to withdraw the present petition with liberty to file fresh one on the same cause of action by petitioner himself and not through SPA. Dismissed as withdrawn with liberty aforesaid. (NAMIT KUMAR) JUDGE : Yes/No : Yes/No RAVINDER SINGH 2025.07.17 18:49 I attest to the accuracy and integrity of this document