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High Court of Punjab and Haryana · body

2025 DAILYLAW 52791 (PNJ)

MXXXXX XXXXX v. STATE OF PUNJAB

CRM-M/24095/2025 · 2025-08-06

Amarjot Bhatti

body2025

Judgment text

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CRM-M-24095-2025 -1- 119 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-24095-2025 Date of Decision:- 06.08.2025 MXXXX ...Petitioner Versus State of Punjab ...Respondent CORAM:- HON’BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Ashish Soi, Advocate for the petitioner. Mr. Kunwarbir Singh, Assistant A.G. Punjab. **** AMARJOT BHATTI, J.(Oral) 1. Petitioner Mxxxx has filed petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking directions to respondent No. 1 to decide representation dated 21.04.2025 (Annexure P-6) in a fair and objective manner and to proceed under Section 174-A of IPC read with Section 195 Cr.P.C. against accused who was declared proclaimed offender by learned Judicial Magistrate Ist Class in FIR No. 121 dated 03.05.2015 registered at Police Station Patti, Tarn Taran under Section 376, 109 and 420 of IPC (Annexure P-1). 2. Learned counsel for petitioner argued that at the instance of petitioner FIR No. 121 dated 03.05.2015 (Annexure P-1) (supra) was registered. Anticipatory bail application filed by Navpreet Singh was dismissed by the High Court and copy of order dated 14.09.2017 passed in CRM-M-25789-2016 is Annexure P-2. He never joined investigation and proclamation proceedings were initiated. Finally, he was declared proclaimed offender vide order dated 07.07.2018. Matter could not be LALIT SHARMA 2025.08.07 17:29 I attest to the accuracy and integrity of this document CRM-M-24095-2025 -2- taken up ever since then. He was not arrested for over seven years. No proceedings were conducted under Section 83 of Cr.P.C. There was no effort on the part of Investigating Agency to register the case against him under Section 174-A of IPC. He has been recently arrested in November, 2024. He approached this Court for grant of regular bail. Effect of proclamation is still there. Petitioner gave representation (Annexure P-6) but no action has been taken. Ultimately, present petition has been filed. 3. Status report filed through Registry, which is taken on record. Factual position is not disputed regarding registration of FIR No. 121 dated 03.05.2015 at Police Station Patti, District Tarn Taran. During the course of investigation, regular raids were conducted and finally proclamation proceedings were initiated against Navpreet Singh. He was declared proclaimed offender by learned Illaqa Magistrate, Tarn Taran vide order dated 07.07.2018. Challan was presented and proceedings were initiated under Section 299 Cr.P.C. and file was consigned to record room. It is submitted that Navpreet Singh has been arrested on 23.09.2024 and thereafter, he is medically examined and DNA test was conducted. Supplementary challan has been presented on 13.12.2024. After passing of commitment order, charge has been framed on 06.02.2025 and now case is fixed for prosecution evidence. 4. I have considered the aforesaid factual position. As per status report, accused Navpreet Singh was declared proclaimed offender and thereafter, challan was presented and proceedings were concluded under Section 299 Cr.P.C. and file was consigned to record room vide order dated 01.07.2021 (Annexure P-3). At present accused has been arrested and after completing all formalities, supplementary challan has been presented in LALIT SHARMA 2025.08.07 17:29 I attest to the accuracy and integrity of this document CRM-M-24095-2025 -3- which he is facing trial. Trial is under progress. There is nothing on record to show that petitioner filed any application before the Court concerned to proceed for registration of FIR under Section 174-A of IPC. At this stage, learned counsel for petitioner states that he will approach the Court concerned by filing application as per law. No further direction is required and petition filed by petitioner is, accordingly, disposed of. 5. Pending miscellaneous application(s), if any, stand disposed of accordingly as well. 06.08.2025 (AMARJOT BHATTI) lalit JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No LALIT SHARMA 2025.08.07 17:29 I attest to the accuracy and integrity of this document