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TMI Blog2022 (1) TMI 1421X X X X Extracts X X X X X X X X Extracts X X X X ..... cluding the proceedings initiated against the petitioner u/s 82/83 of the Code of Criminal Procedure through his S.P.A. holder Sh. Sukhjinder Singh S/o Mohinder Singh aged about 38 years R/o H. No.- 489, Street No. 8 Ghuman Nagar, Sarhandh Road, Patiala Punjab who is the brother of the petitioner/accused. The present application under disposal has been signed by the said SPA of the petitioner/accused. The affidavit in support of this application has also been executed by the said SPA holder. 2. The title of the petition bearing No. CRL.M.C. 1571/2021 reads as follows: Amrinder Singh @ Raja Through SPA Holder Brother Shri Sukhjinder Singh R/o H. No.-489, Street No.-8 Ghuman Nagar, Sarhandh Road, Patiala Punjab. Versus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs were dropped vide order dated 11.11.13 when an application in this regard was moved by the petitioner/accused for dropping of the proceedings U/s 82 Cr.P.C. It is further submitted by the Ld. APP that despite this, the petitioner did not mend his ways and again failed to appear before the trial Court and he was again declared absconder vide order dated 05.03.2016. 6. It is vehemently argued by the Ld. APP that the present petition under article 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure is not maintainable as the same has been filed through S.P.A. holder and the present application and petition are liable to be dismissed. 7. In Amit Ahuja Vs. Gian Parkash Bhambri, 2010(3) R.C.R. (Criminal) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aforesaid complaint. It is he, who is aggrieved, against the complaint and the summoning order. It is he, who can challenge the same, on any ground which may be available to him, under the provisions of law. If, in criminal cases, until and unless, a person aggrieved, suffers from some disability, recognized by law, a stranger or some other person, is allowed, to fight the proxy war, then the very purpose of criminal justice system, shall be defeated. In that event, the Courts, would be mushroomed, by public interest litigants. In this view of the matter, the present petition, under Section 482 Cr.P.C., filed by the petitioner, through his attorney, is not maintainable. On this ground alone, the same is liable to be dismissed." 8. In T.C. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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