IMPORTANT POINT
Proclaimed offender--Petitioners already residing in Canada before registration of FIR--There was no occasion for them to conceal themselves or abscond--Petitioner were never attempted to be served in Canada--Impugned order whereby petitioner were declared proclaimed offender set aside.

1. The petitioners have filed this petition under Sec.482 of the Code of Criminal Procedure ("cr. PC. for short)for setting aside order dated 7-10-2008 (Annexure P-10) passed by the Chief Judicial magistrate, Fatehgarh Sahib, whereby they have been declared proclaimed offenders.

2. Tarlochan Singh lodged a complaint against Surjit Singh alias Jeet Singh, Sadhu singh, Avtar Singh, Shangara Singh and gurpal Singh for getting issued passport No. A8839939 in the name of Surjit Singh alias jeet Singh (deceased ). It was averred in the complaint (Annexure P-2) that Surjit Singh had died on 24-5-1993. The accused persons got a passport issued in the name of deceased in connivance with each other. On the basis of the complaint, FIR No.131 dated 27-9-2007 under Sections 420, 467, 468, 471 and 201 read with Sec.120-B of the Indian penal Code, was registered at Police Station khumano. After investigation of the case, final report was presented against Avtar singh, whereas, the petitioners were shown in column No.2 and a note was given that proceedings for declaring the petitioners as proclaimed offenders under Sections 82 and 83, Cr. P. C. were pending. The petitioners were declared proclaimed offenders vide impugned order dated 7-10-2008 (Annexure P-10 ). Hence, the present petition.

3. Learned counsel for the petitioners has submitted that the petitioners were permanent residents of Canada and were residing there since the year 1997 and had never visited India since then. In these circumstances, there was no occasion for the petitioners to evade process of Court and hence, the order declaring them proclaimed offenders was illegal, null and void because no proper service of summons/notice had been effected on the petitioners. Inquiry was conducted by deputy Superintendent of Police, Khumano and it was observed in the report (Annexure p-6) that the sponsorship papers have been prepared in Canada and hence, no offence has been committed by the petitioners in India. The petitioners were found innocent and vide Annexure P-7, it was observed that the names of the petitioners should be deleted from the array of accused. Despite this, proceedings for declaring the petitioners as proclaimed offenders continued before the trial court.

4. Learned State counsel, on the other hand, has submitted that the petitioners despite the proclamation had failed to appear before the trial Court and have been rightly declared proclaimed offenders vide the impugned order.

5. Proclamation for an absconding person is issued under Sec.82, Cr. P. C. which is reproduced as under :-

"proclamation for person absconding - (1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation thirty days from the date of publishing such proclamation. (2) The proclamation shall be published as follows :-

(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides; (b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicious place of such town or village; (c) a copy thereof shall be affixed to some conspicuous part of the Court-house; (ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides. (3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub-section (2) shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day. (4) Where a proclamation published under sub-section (1) is in respect of a person accused