Harmohinder Kaur and anr Vs State of Punjab and anr - Court Judgment

Excerpt:

.....of section 173 further provides that where upon further investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall also forward to the magistrate a further report regarding such evidence and the provisions of sub-section (2) of section 173, cr.p.c., shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2). thus, the report under sub-section (2) of section 173 after the initial investigation as well as the further report under sub-section (8) of section 173 after further investigation constitute "police report" and have to be forwarded to the magistrate empowered to take cognizance of the offence. r.p. kapur moved the punjab high court under section 561-a of the code of criminal procedure for quashing the proceedings initiated by the first information report. 1. this is a petition under section 482 cr.p.c for quashing of order dated 17.01.2011, vide which, bails bonds and surety bonds of the petitioners have been cancelled and forfeited to the state and they have been summoned through non-bailable warrants. learned counsel for the petitioners contends that the petitioners were regularly appearing before the trial court except on one date i.e on 17.01.2011, on which date, the non-bailable warrants were issued against them. it is also submitted that the present petitioners have already filed crl. misc. no.m-27734 of 2011 praying for quashing of the criminal complaint dated 03.03.2005 which is pending before this court for 11.05.2011.2. taking into account the facts and circumstances of the case, the present petition is disposed of with a direction that in case, the crl. misc. no.m-12746 of 2011 2 petitioners surrender before the trial court on or before the next date of hearing, they shall be released on bail on their furnishing fresh bail bonds to the satisfaction of the trial court and subject to an undertaking that they shall, thereafter, appear regularly before the trial court.

Judgment:

1. This is a petition under Section 482 Cr.P.C for quashing of order dated 17.01.2011, vide which, bails bonds and surety bonds of the petitioners have been cancelled and forfeited to the State and they have been summoned through non-bailable warrants. Learned counsel for the petitioners contends that the petitioners were regularly appearing before the trial Court except on one date i.e on 17.01.2011, on which date, the non-bailable warrants were issued against them. It is also submitted that the present petitioners have already filed Crl. Misc. No.M-27734 of 2011 praying for quashing of the Criminal complaint dated 03.03.2005 which is pending before this Court for 11.05.2011.

2. Taking into account the facts and circumstances of the case, the present petition is disposed of with a direction that in case, the Crl. Misc. No.M-12746 of 2011 2 petitioners surrender before the trial Court on or before the next date of hearing, they shall be released on bail on their furnishing fresh bail bonds to the satisfaction of the trial Court and subject to an undertaking that they shall, thereafter, appear regularly before the trial Court.