criminal procedure code
baljit singh
(Querist) 07 August 2009
This query is : Resolved
Hi,
its baljit here,
my first querry relates to my earlier querry in response of which i did receive replies but for some of the experts i again want to put the same with some clarifaction.
" my querry was whether the accused can challenge the initiation of proceedings of proclamation against him, without surrendering, in the same court which wherein the proceedings are in progress but he has not yet been declared proclaimed offender.
The replies may kindly be specific in the light of the following facts.
" A, was married to B a U.S. citizen. The marriage took place in USA. The parties cohabited as husband and wife in USA. The marrige later on dissolved in USA. The parties to marriage never came to india any time between the solemnization of marriage till the dissolution of marraige. however, the father of B, who also happens to be US citizen got registered a case in India against A, who was in USA and his family members residing in india. In an enquiry, district police chief concluded that no offence was committed in india and as such recommended the cancellation of F.I.R. however the father of B managed to aproach some other higher official i.e. D.I.G., upon whose further orders the case was ordered to be investigated. Now the investigation is going on only against A whereas all the other members of his family were declared innocent. However in between the pendency of the investigation, A visited india and appeared before the District Police chief and submitted his written version caliming him to be innocent which is on record. His statement was also recorded and he was let to go as such A again returned to USA. However the I.O. of the case whithout disclosing the factum of the appearance of the A before the police chief applied for intiation of proclamation proceedings in the court of CJM without disclosing the other facts of the case especially the apperance of the A before the District Police chief and recording of his statement and also the fact that why he was not arrested when he appeared in case and his statement was recorded and what new fact has come on record for which his arrest is necessary and the investigation cannot be carried without his arrest. So, now it is clear that the proceedings have been intiated with malafide. A has already filed a petiton under section 482 for the quashment of F.I.R. on the ground first of all no offence is made out in F.I.R against him or his family and secondly, if at all any offence is spelled out in F.I.R. then no part of the offence is committed in india as such the F.I.R. is bad for want of jurisdicition wherein the state has also filed reply and admitted the contentions of A with respect to his appearance before the District Police chief and recording of his statemtnt therein. But the local police is adament to get A declared proclaimed offender. Now A want to challenge the initiatin of the procalmation proceedings before the court wherein the same are pending by failling an application through his attorney. Pls suggest and answere the querry in the light of these facts.
Baljit singh advocate.
has intiated those proceedings
Kiran Kumar
(Expert) 07 August 2009
Baljit m giving u two citations.
both r from Law Herald (P&H) reporter....i think easily available in ur city.
read both the judgments, ur case will be solved.
1. Harmanpreet Singh Ahluwalia v/s State of Punjab 2009(2) Law Herald (P&H) 1643 (SC)
the above judgment covers ur case for quashing purposes....jurisdictional issue has been dealt by the SC...i dont know when is ur date of hearing before the high court but just show this judgment if the above facts are true....the FIR goes.
2. Mehar Singh v/s State of Punjab 2009(3) Law Herald (P&H) 1757
this judgment by our high court will provide u help S.82 proceedings.
in case u r unable to find them, then leave ur address or call me i ll post the same to u...or u may get it from me @ Jalandhar on Saturday :-)
Kiran 9814303538
Kamal Grover
(Expert) 07 August 2009
Your case is very good and cover the supreme court judgments as well of our punjab and haryana high court. Recently a few days back, the same matter has been quashed by this hon'ble court reasonbeing offence is not occured in India.
KAMAL GROVER,
Advocate
(Punjab and Haryana High Court Chandigarh, India)
M:9814110005
e-mail: adv.kamal.grover@gmail.com
Note: We are group of advocates, experts in different fields of law in Supreme Court, All High Courts and few district courts of India and your case will be handled by our experts in your locality in India. Rest you may get only guidance and can engage any local lawyer plz..
Regards and good luck
