- (1.) Application is allowed as prayed for. The present petition has been filed on behalf of petitioner- Karnail Singh for quashing of FIR No. 90 dated 4.6.2002 under Sections 498-A/506 IPC at Police Station Balachaur and order dated 2.1.2003 passed by learned trial Court and all consequential proceedings arising out of the said FIR.
(2.) Learned counsel for the petitioner contends that the petitioner was on bail and during the pendency of the trial, he went abroad. Vide order dated 2.1.2003, he was declared proclaimed offender without following the mandatory provisions warranted under the law, whereas, no service was effected upon him and no efforts were made by the trial Court to serve him in any manner. All proceedings were conducted in the absence of the petitioner and he was not aware with regard to those proceedings as he was in abroad. Learned counsel further contends that co-accused of the petitioner were convicted by trial Court vide judgment dated 9.11.2006 but they were acquitted by the appellate Court vide its judgment dated 24.9.2009. Learned counsel also contends that the allegations against the petitioner are same as to the other accused. Moreover, there was no willful absence on the part of the petitioner as he was not aware with regard to P.O. proceedings. It has wrongly been mentioned in the order dated 2.1.2003 that the petitioner avoided the service. He further submits that the petitioner is ready to join the Court proceedings.
(3.) Heard learned counsel for the petitioner and perused the record. The mandatory provisions of law have not been followed and the petitioner was not aware with regard to the P.O. proceedings initiated against him as he was never served by the trial Court. Moreover, no efforts were ever made to serve him at the address where he was residing and there was no willful intention on the part of the petitioner to avoid service or to remain absent from the Court proceedings.;