Mahesh Grover, J. - (1.) THIS is a petition under Section 482 of the Code of Criminal Procedure praying for quashing of the order by which the Petitioner was declared as a proclaimed offender in a case registered vide FIR No. 9 dated 10.2.2009 under Sections 406/420/120B Indian Penal Code at Police Station Gardhiwal, Distt. Hoshiarpur.
(2.) LEARNED Counsel for the Petitioner has referred to Section 82 of the Code to state that the procedure prescribed therein has not been followed and, therefore, the proclamation and the consequent order deserve to be quashed. This matter was taken up on 26.7.2011 on which date it was adjourned for today on the request made by the learned Counsel for the Petitioner.
(3.) MR . Arun Takhi, Advocate, who has appeared for the complainant, has stated that the Petitioner is concealing the material facts from this Court. On 16.12.2009 the prayer of the Petitioner for pre -arrest bail was declined by passing the following order: On the last date of hearing, a direction was issued by this Court that the tractor be got recovered before the next date of hearing. A perusal of the F.I.R. Clearly indicates that the Petitioner was the person, who had taken the tractor from the possession of the complainant for getting it repaired as it was found that there was some manufacturing defect in the tractor. Therefore, in the light of the fact that the recovery has not been effected till date of tractor, of which possession was taken by the Petitioner, the prayer for grant of anticipatory bail is rejected. Dismissed.;