Daya Chaudhary, J. - (1.) Crl. Misc. No. 28341 of 2011.
(2.) CRL . Misc. is allowed as prayed for. Crl. Misc. No. M -15796 of 2011 The present petition under Section 482 Code of Criminal Procedure has been filed on behalf of Sudesh Kumar Sharma for quashing of order dated 3.6.2000 passed by Judicial Magistrate Ist Class, Kurukshetra vide which he has been declared proclaimed offender in criminal Complaint No. 268/30.3.91/10.12.99 under Sections 177, 179, 181, 182, 205, 417, 420, 465, 466, 467, 468, 474 IPC.
(3.) LEARNED Counsel for the Petitioner submits that earlier the Petitioner was granted bail and was attending Court proceedings regularly but due to certain compelling circumstances, he along with his family members left India on 14.3.2000 and subsequently the impugned PO order was passed in his absence. Learned Counsel for the Petitioner further submits that the Petitioner was away to USA and vide letter dated 25.9.2001, he along with his family members was granted asylum by USA. Learned Counsel also contends that the absence of the Petitioner from the Court proceedings was neither wilful nor deliberate as under the compelling circumstances he left India and no efforts were made by the trial Court to effect any service upon him. Even in the impugned order, nowhere it is mentioned that he did not join the Court proceedings wilfully and avoided the Court proceedings deliberately, in any manner. It is also the contention of learned Counsel for the Petitioner that the Petitioner is ready to surrender before the trial Court and join the Court proceedings.;