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2025 DAILYLAW 93427 (PNJ)

RUPINDER KAUR v. STATE OF PUNJAB

CRM-M/45995/2025 · 2025-08-22

Sandeep Moudgil

body2025

Judgment text

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CRM-M-45995-2025 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Sr. No.131 CRM-M-45995-2025 (O&M) Date of decision: 22.08.2025 Rupinder Kaur ..... Petitioner VERSUS State of Punjab ..... Respondent CORAM: HON’BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Assem, Advocate and Mr. Sagardeep Sandhu, Advocate for the petitioner. Mr. J.S. Rattu, DAG, Punjab. ***** SANDEEP MOUDGIL, J. (ORAL) 1 The jurisdiction of this Court has been invoked under Section 528 of BNSS 2023 for quashing of orders dated 20.12.2024 (Annexure P4) and 15.2.2025 (Annexure P-6) and its consequential proceedings arising out of case No.50 dated 29.06.2024 under Section 420, 120-B IPC and Section 13 of the Punjab Prevention of Human Smuggling Act, 2012, Police Station City Zira, pending before learned SDJM, Zira Punjab vide which the petitioner has been declared proclaimed person 2. Learned counsel for the petitioner submits that the trial Court issued notice for appearance of the petitioner but no such notice was served upon the petitioner and therefore, non-bailable warrants issued against her which were again not served to the petitioner. The mandatory provisions of Section 82 Cr.P.C. have not been complied with. He undertakes that the RAMANDEEP SINGH 2025.08.25 14:44 I attest to the accuracy and integrity of this document CRM-M-45995-2025 (O&M) 2 petitioner will surrender before the trial Court and shall join the trial proceedings without any delay or default in future. 3. Notice of motion. 4. On the asking of the Court, learned State Counsel accepts notice on behalf of the respondent-State, who is not averse to the undertaking given by the petitioner that he will surrender before the trial Court. 5. Considering the submissions made by learned counsel and also in appreciation of the fact that it will only speed up the proceedings before the Trial Court which is one of the essence as enshrined under Article 21 of the Constitution of India, impugned orders dated 20.12.2024 (Annexure P4) and 15.2.2025 (Annexure P-6) are set aside and the petitioner is directed to surrender before the trial Court within a period of 07 days from today and apply for regular bail. 6. In case, such an application for bail is moved by the petitioner before the learned trial Court, the same shall be considered on the same date and decided in accordance with law. 7. However, it is made clear that in case the petitioner does not abide by the aforesaid undertaking, the respondent/State shall be at liberty to move an appropriate application for revival of the instant petition. 8. The instant petition is disposed of in the aforesaid terms. Pending miscellaneous application(s), if any, also stands disposed of. (SANDEEP MOUDGIL) JUDGE 22.08.2025 Ramandeep Singh Whether speaking / reasoned Yes / No Whether Reportable Yes/ No RAMANDEEP SINGH 2025.08.25 14:44 I attest to the accuracy and integrity of this document