IN THE HIGH COURT OF PUNJAB AND HARYANA
Date of Decision:18.03.2019
Lakhwinder Singh …..Petitioner
State of Punjab …..Respondent
CORAM: HON’BLE MR.JUSTICE HARI PAL VERMA.
Present: Mr. Veneet Sharma, Advocate,
for the petitioner.
Mr. Rana Harjasdeep Singh, D.A.G., Punjab.
HARI PAL VERMA, J.(Oral)
Prayer in this petition filed under Section 482 Cr.P.C. is for
setting aside the order dated 12.05.2016 (Annexure P-3) passed by learned
Chief Judicial Magistrate, Amritsar, in FIR No.8 dated 02.02.2016 under
Amritsar, District Amritsar.
The order dated 12.05.2016 (Annexure P-3) passed by learned
Chief Judicial Magistrate, Amritsar, reads as under:-
“Today an application under section 105B of Cr.P.C. has been
moved by the prosecution for issuance of summons/warrants of
accused Lakhwinder Singh son of Nirmal Singh r/o village
Jahangir, District Tarn Taran C/R/O 321585 St NW T6K 2Y7
Edminton Alberta Canada. Perusal of the application reveals
that the prosecution has sought issuance of summons/warrants
of the accused with regard to FIR No.8 of 02.02.16 under
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section 498A, 406, 420 IPC, Police Station, Women Amritsar.
This court is satisfied that the attendance of the accused is
required in the present case. Accordingly, warrants of the
accused be again issued for 6.10.2016.”
On December 17, 2018, this Court while staying arrest of the
petitioner for a period of six weeks had directed the petitioner to
appear/surrender before the trial court and to join the proceedings with a
further rider that in case the petitioner appears/surrenders before the trial
court, he would be released on interim bail by the trial court subject to its
satisfaction. It was also made clear that in case petitioner fails to
appear/surrender before the trial court within the stipulated period granted
to him, interim protection granted by this Court shall automatically stand
Learned counsel for the petitioner has argued that pursuant to
the aforesaid order, petitioner has appeared before the trial court and has
been ordered to be released on bail.
Learned State Counsel on instructions from ASI Avtar Singh
does not dispute the fact that the petitioner has appeared before the trial
court and has been released on bail, subject to furnishing of bail
bonds/surety bonds to the satisfaction of the trial court, as reflected in the
order dated 21.01.2019 passed by learned Judicial Magistrate 1st Class,
Amritsar. The trial court has further directed the petitioner to appear before
the Investigating Officer and resultantly, the petitioner has appeared before
the Investigating Officer on 25.01.2019.
Considering the fact that the petitioner has
appeared/surrendered before the trial court and has been admitted on bail
and further he joined the investigation, the present petition is dismissed as
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having been rendered infructuous.
However, the petitioner shall pay `10,000/- with the Legal
Services Authority, Punjab, within a period of two weeks from today.
March 18, 2019 (HARI PAL VERMA)
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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