KULDEEP KAUR Vs. STATE OF PUNJAB AND ANR.

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C for quashing of order dated 04.01.2008 passed by Judicial Magistrate Ist Class, Ludhiana declaring the Petitioner as proclaimed offender in case FIR No. 147 dated 12.08.2007 registered at Police Station Sarabha Nagar, Ludhiana for offence under Section 36 of the Punjab Apartment Properties Regulation Act, 1995.

(2.) IT is stated that the FIR has been registered in violation of provisions of Section 36 of the Punjab Apartment Properties Regulation Act, 1995, for which, the criminal action can be taken against the developers of unauthorized colonies and other co -accused. It is further stated that the proceedings against the Respondent have since been quashed and the proceedings against all other co -accused have been stayed by this Court in Crl. Misc. No. M -21406 of 2009 vide P -11. It is also contended that the Petitioner is residing in Canada and owns Canadian Passport since 10.05.2007. While issuing warrants against the Petitioner, the trial Court did not record its satisfaction that the Petitioner could not be served and that she is concealing her presence. It is further stated that the Petitioner is now ready to return to India and face trial.