Devender Kumar Gupta V/s State of Haryana

Information Type: Judicial Information
Court: High Court
High Court Name: High Court of Punjab and Haryana, Chandigarh
Date of Judgment(s): 2008-01-28
Case No: 14548-M of 2006
Case Type: CM(M)
Judge Name: Vinod K.Sharma
Subject: Criminal Law
Statutes / Acts: Code of Criminal Procedure (CrPC)
Section: 482
Bench Strength: Single Bench
Advocate: R.A.Sheoran (P) & Vikas Chaudhary (For AAG, Haryana)
State of Appellant(s): Haryana
History of Case No: FIR No. 482 dated 19.8.1996
Case Note / Description :

On consideration of the matter, I find no force in the contentions raised by the learned counsel for the State. As a matter of fact, this court after issuing notice of motion has passed a specific order that the case was to be adjourned to a date after the date fixed by this court and therefore, there was no occasion for the trial court to have declared the petitioner proclaimed offender. Thus, the order declaring the petitioner as proclaimed offender is prima facie contrary to the orders passed by this court restraining the trial court from passing any order in the case. In view of the settled law that the FIR for an offence under section 186 and other offences closely inter-woven with said offence cannot be registered in view of bar under section 195 (1) Cr.PC, as no complaint has been filed by authorized person in court, the FIR and subsequent proceedings arising there from are ordered to be quashed.

 
 
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