M.M.S. BEDI, J.

A large number of petitions are being filed by absconding accused persons, seeking quashing of the orders declaring them “proclaimed offenders” on the misconceived notion that, since they are not accused of the offences punishable as mentioned in Section 82 (4) Cr.P.C. (added by Section 12 of Act No. 25 of 2005) i.e. under Sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of Indian Penal Code, they cannot be declared proclaimed offenders. There are few instances in which such pleas are raised and believed to quash the proclamations declaring accused as “proclaimed offenders” for violation of Section 82 (4) Cr.P.C. Sub-Section (4) of Section 82 Cr.P.C. which has raised controversy reads as under:-

“Section 82 (4): Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code, and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit,