Rakesh Kumar Garg, J. - (1.) THE petitioner who is residing abroad and is a Proclaimed Offender has filed this petition through Special Power of Attorney seeking quashing of FIR No.313 dated 13.12.1990, under Sections 506 IPC, registered at Police Station Civil Lines, Amritsar and subsequent proceedings arising there from.It is the petitioner's own case that the proceedings on the basis of the aforesaid FIR were pending and were in his knowledge when he left India. The petition is totally silent with regard to any permission granted by the Court of competent jurisdiction to allow him to go out of country during the pendency of the proceedings in the aforesaid FIR.
(2.) NOT only this, it is his own contention that two co -accused namely Shangara Singh and Amrik Singh have been acquitted and one co -accused -Raghbir Singh had been convicted and sentenced vide order dated 11.02.1997. Despite the fact that he is in knowledge of fact that he has been declared Proclaimed Offender and such order has not been challenged by him till date and existing against him; the same has not been placed on the record of this petition. Even this petition is silent with regard to aforesaid factum of declaring him Proclaimed Offender.
(3.) NOT only this, petitioner has earlier filed CRM No.M -3726 of 2009 before this Court for quashing of the aforesaid FIR and subsequent proceedings and in that petition a judgment dated 11.02.1997 passed by the Judicial Magistrate Ist Class, Amritsar, arising out of the said FIR was also attached as Annexure P2 wherein it has been clearly mentioned that petitioner was declared Proclaimed Offender on 09.10.1995. Yet no effort has been made to challenge the said order. What to talk of placing on record and challenging the said order, not even a whisper has been made in the petition with regard to said fact.;