- (1.) In spite of the fact that the petitioner NO. 2 is avoiding appearance before the trial Court, this petition has been filed for quashing of the FIR NO. 374 (Annexure P-3) dated 20.10.2003 under Sections 342, 448, 511, 506, 149 IPC registered at Police Station Shimlapuri, District Ludhiana.
(2.) On 10.2.2012, noticing the contention of learned counsel for the petitioner, this Court passed the following order: "Learned counsel for the petitioner submits that the FIR in the present case was registered in the year 2003 and the report under section 173 Cr.P.C. was submitted before the learned Area Magistrate in the year 2006. He further submits that the petitioner is regularly appearing before the Court below since then and the charges have yet not been framed. In view of the above, learned trial Court is directed to send the status report of the case on or before the date fixed by this Court. Adjourned to 16.03.2012."
(3.) Status report was called from the trial Court, which has been received. The report submitted by the Judicial Magistrate Ist Class, Ludhiana reads thus: "Respected Sir, I have the honour to submit that the copy of order passed by the Hon'ble High Court in the above said petition bearing CRM NO. M 3830 of 2012 (O&M) dated 10.2.2012 was received by this Court on 2.3.2012 and thereafter, the Ahlmad was directed to put up the same with concerned file, which has been put up by the Ahlmad today i.e. 13.3.2012 and in this regard a separate show cause notice is being served upon him. 2. It is further submitted that criminal challan bearing FIR NO. 374 dated 20.11.2003 u/s 448, 506, 342, 511, 149 IPC registered at PS Shimla Puri, Ludhiana is pending in this Court for 12.4.2012 for execution of proclamation notice u/s 82 Cr.P.C. against accused Jeet Singh, Raghubir Singh, Bhadur Singh, Jaspal Singh and Bhupinder Singh. It is also necessary to mention here that in this case, there are total six accused, out of them, five accused are absent against whom, the proclamation proceedings are pending for 12.4.2012 and only one accused namely Baldev Singh is appearing in this Court who is on bail. It is further submitted that till today, the charge against the accused could not be framed due to their absence. The requisite report is accordingly submitted please.";