1. In FIR No. 168/2008 State v. Israr etc., petitioner-accused was declared as proclaimed offender on 17th September, 2008 and upon being apprehended on 24th February, 2009, he was charge-sheeted for the offence under Section 174A of IPC. Impugned order of 19th September, 2012 directing framing of charge under Section 174A of IPC and an additional charge framed on 25th September, 2012 for the aforesaid offence are assailed in this petition.

2. Learned counsel for petitioner had contended that proceedings under Section 82 of Cr.P.C. stood vitiated as proclamation was issued on 10th July, 2008 for appearance of petitioner by 31st July, 2008 whereby giving 21 days’ time whereas mandatory period is of 30 days’. Petitioner’s counsel had asserted that the mandate of Section 82 of Cr.P.C. stood vitiated as the proclamation was not read aloud in the locality. According to petitioner’s counsel, no charge under Section 174A of IPC can be framed against petitioner due to violation of mandatory provision of Section 82 of Cr.P.C. and so, impugned order and the charge framed in pursuance to it deserve to be set aside. In support of above submission reliance was placed by petitioner’s co