- (1.) THE instant petition has been filed by Sham Lal -petitioner through Special Attorney, namely; Shiv Kumar his real brother for quashing of FIR No. 140 dated 14.5.2000 registered under Section 306/34 of the Indian Penal Code (IPC) Police Station Nakodar, District Jalandhar and all subsequent proceedings arising therefrom.
(2.) THE FIR was registered on the statement of Ramesh Kumar, brother of Manjit Kaur (deceased). The petitioner was initially declared a proclaimed offender. Charge -sheet was presented against parents of petitioner and his sister -in -law. They were acquitted vide judgment dated 18.1.2003 (Annexure P -2), passed by the learned Additional Sessions Judge, Jalandhar, in Sessions Case No. 27 of 2001. On that basis the petitioner filed the instant petition.
(3.) I have heard learned petitioner's counsel, learned State counsel and after giving my thoughtful consideration to the matter, I find that the instant petition is total misuse of the process of the Court and the petitioner does not deserve indulgence of this Court. The instant petition was filed by he petitioner after being un -successful in the earlier two petitions filed with the same prayer and that fact has been concealed. Petitioner had filed CRM -M -40259 -2004, through Shiv Kumar his brother as Special Attorney with the same prayer. That was also based on the fact that co -accused were acquitted vide judgment dated 18.1.2003 (Annexure P -2), passed by the learned Additional Sessions Judge, Jalandhar. That petition was listed on 27.8.2004 and this Court passed the following order: - "The petitioner, who is a proclaimed offender, has filed this petition for quashing FIR No. 140 dated 14.5.2000 under Section 306/34 IPC, registered with Police Station Nakodar, District Jalandhar, on the ground that his co -accused have been acquitted by the trial Court. After hearing learned counsel for the petitioner, I am not inclined to entertain this petition at the instance of the petitioner, who is a proclaimed offender and has run away from the process of the Court. Dismissed.";