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Lakhwinder Singh vs State Of Punjab on 18 March, 2019

CRM-M-55536-2018 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

202 CRM-M-55536-2018
Date of Decision:18.03.2019

Lakhwinder Singh …..Petitioner

Versus

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

Sections 406, 498-A, 420 IPC, registered at Police Station Women,

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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CRM-M-55536-2018 2

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

vacated.

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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CRM-M-55536-2018 3

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)
seema JUDGE

Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No

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