CRM-M-21447-2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 135 CRM-M-21447-2026 (O&M) Date of decision: 08.07.2026 SUKHWINDER SINGH ... PETITIONER Versus STATE OF PUNJAB AND ANOTHER … RESPONDENTS CORAM : HON'BLE MR. JUSTICE H.S. GREWAL Present:- Mr. Gaurav Datta, Advocate, Mr. K.P.S. Dhaliwala, Advocate and Mr. Raghav Grover, Advocate for the petitioner. Mr. P.S. Pandher, AAG, Punjab. Mr. Hanee Azad, Advocate for respondent No.2/complainant. *** H.S. Grewal, J.(Oral) CRM-23796-2026 1. This application has been filed under Section 528 of BNSS, 2023 (erstwhile Section 482 Cr.P.C) for placing on record the zimini order dated 04.05.2026 passed by JMIC, Ludhiana as Annexure P-11. 2. Heard. 3. For the reasons stated in the application, the same is allowed and Annexure P-11 is taken on record subject to all just exceptions. Main case 1. This petition has been preferred by the petitioner under Section 482 Cr.P.C.(corresponding Section 528 of BNSS, 2023), seeking quashing of order dated 20.03.2025 (Annexure P-9) passed by learned Judicial Magistrate Ist Class, Ludhiana, whereby he has been declared proclaimed person in FIR SONIA GUGNANI 2026.07.08 17.35 I attest to the accuracy and integrity of this document Chandigarh CRM-M-21447-2026 (O&M) -2- No.0009 dated 17.02.2022 registered at Police Station Jodhan, District Ludhiana Rural under Sections 304-A, 279, 337, 338 and 427 IPC. 2. A Coordinate Bench of this Court vide order dated 08.05.2023, had passed the following order:- “Petitioner Sukhwinder Singh has filed petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (now Section 482 Cr.P.C.) for quashing of impugned order dated 20.03.2025 (Annexure P-9) passed by learned Judicial Magistrate Ist Class, Ludhiana, whereby he has been declared proclaimed person in FIR No. 0009 dated 17.02.2022 registered at Police Station Jodhan, District Ludhiana Rural under Section 304-A, 279, 337, 338 and 427 IPC (Annexure P-3). Learned counsel for petitioner pointed out that petitioner was never duly served in accordance with law. No proper procedure was followed and finally he has been wrongly declared proclaimed person vide impugned order dated 20.03.2025. On advance notice, Mr. Jasjit Singh Rattu, DAG, Punjab appeared on behalf of respondent-State, whereas, Mr. Hanee Azad, Advocate appeared and filed Vakalatnama on behalf of respondent No. 2, which is taken on record, who have opposed the present petition. I have gone through the record. Relevant zimni orders are annexed as Annexure P-10, according to which after presentation of challan initially notice was issued to accused Sukhwinder Singh and thereafter, his non-bailable warrants of arrest were issued and thereafter, for the first time, his proclamation was ordered to be issued under Section 82 Cr.P.C. vide order dated 06.01.2024. Since, proclamation was received back unexecuted, it was ordered to be issued time and again. As per zimni order dated 15.06.2024, proclamation was issued for 03.08.2024. Process issued by Court is Annexure P-7 and report dated 02.08.2024 is Annexure P-8. As per zimni orders dated 03.08.2024, 21.09.2024, 05.11.2024 and 07.01.2025, notices were being issued for recording statement of serving Constable. Finally, statement of serving Constable was recorded on 20.03.2025 and on the same day, he was declared proclaimed person. Considering the aforesaid factual position, provisions of Section 82 Cr.P.C. were not duly complied with. Petitioner is ready to face trial. In view of above, petitioner is directed to surrender before the concerned trial Court within two weeks from today and be released on interim bail to the satisfaction of concerned trial Court/Duty Magistrate. Adjourned to 27.05.2026, for filing status report by respondent-State. Let compliance report of aforesaid direction be also placed on record by learned counsel for petitioner on or before next date of hearing.” SONIA GUGNANI 2026.07.08 17.35 I attest to the accuracy and integrity of this document Chandigarh CRM-M-21447-2026 (O&M) -3- 3. Learned counsel for the petitioner submits that in compliance of the order dated 27.04.2026, the petitioner has surrendered before the trial Court and his bail bonds and surety bonds have already been accepted. Learned counsel also submits that the petitioner undertakes to appear before the trial Court concerned on each and every date and would not absent himself without prior permission of the trial Court. 4. Learned State counsel has filed the status report by way of an affidavit of Mr. Karan Singh Sandhu, PPS, DSP, Dakha, District Ludhiana (Rural) in Court, which is taken on record. He has not disputed the aforesaid submissions of learned counsel for the petitioner. 5. Learned counsel appearing for respondent No.2 has opposed the prayer made by the petitioner. 6. I have heard learned counsel for the parties and gone through the case file. 7. In view of the above, the interim order dated 27.04.2026 is made absolute on the same terms and conditions. However, the petitioner shall appear before the trial Court on each and every date of hearing and would not absent himself without prior permission of the trial Court 8. With these observations, the present petition is hereby disposed of. (H.S. GREWAL) July 08, 2026 JUDGE Sonia Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SONIA GUGNANI 2026.07.08 17.35 I attest to the accuracy and integrity of this document Chandigarh