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2021 Supreme(P&H) 647

GURVINDER SINGH GILL
Ranjit Kaur – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Navkiran Singh, Advocate, for the Appellant.

JUDGMENT

Gurvinder Singh Gill, J. - The petitioner assails order dated 13.8.2020 (Annexure P-3) passed by JMIC, Tarn Taran in respect of FIR No. 50 dated 24.2.2020, Police Station Sadar Tarn Taran, District Tarn Taran, vide which the petitioner has been declared a Proclaimed Offender in terms of Section 82 Cr.P.C.

2. The learned counsel for the petitioner has submitted that the trial Court, while passing the impugned order has proceeded in a mechanical manner without following proper procedure. It has been submitted that the non-bailable warrants, pursuant to which the proclamation proceedings came to be initiated, were issued by the Magistrate simply on asking of police whereas the Court had no jurisdiction to issue warrants when the matter was still at the stage of investigation. The learned counsel submits that Section 70 Cr.P.C. and also Section 73 Cr.P.C. cannot be used for the purpose of aiding or assisting the investigation by securing presence of accused so as to enable the police to interrogate him. The learned counsel in order hammer forth his aforesaid submission places reliance upon a judgment of this Court rendered in Gurjeet Singh Johar versus State of Punjab and anothe

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