The trial court must record satisfaction before declaring individuals as proclaimed offenders, ensuring compliance with procedural requirements under Section 82 of Cr.P.C.

Judgment

Mr. Harpreet Singh Brar, J.

This is the first petition filed under Section 482 of Code of Criminal Procedure with a prayer to quash the complaint No.25 dated 07.06.2007 titled as Gulzar Singh verus Ajit Singh and others (Annexure P-3), summoning order dated 30.03.2013 (Annexure P-4) and order declaring the petitioners as proclaimed offenders dated 02.04.2014 (Annexure P-8) passed by the Judicial Magistrate Ist Class, Rajpura and further prayer is for staying all the subsequent proceedings arising out of the aforementioned complaint.

2. Learned counsel for the petitioner wishes to withdraw his prayer with regard to quashing of the complaint bearing No. 25 dated 07.06.2007 (Annexure P-3) and summoning order dated 30.03.2013 (Annexure P-4) and confines himself to the limited prayer seeking quashing of the order dated 02.04.2014 (Annexure P-8), vide which the petitioners have been declared as ‘Proclaimed Offenders’ behind their back, especially when the similarly situated co-accused of the petitioners who faced the trial, have already been acquitted by the learned trial Court.

3. Learned counsel for the petitioners inter alia contends that on the basis of pre-summoning evidence, the Judicial Magistrate Ist Class, Patiala vide order dated 30.03.2013 (Annexure P-4) summoned both the petitioners to face trial under Sections 406, 420, 34, 120-B of the Indian Penal Code but when the process server went for service of the petitioners, it came to his notice that they both are residing abroad. However, the Judicial Magistrate Ist Class, Rajpura declared both the petitioners as ‘Proclaimed Offenders’ behind their back when they were not in India vide order dated 02.04.2014. Aggrieved by the said impugned order dated 02.04.2014 (Annexure P-8), the petitioners have approached this Court by way of instant petition.

4. Learned counsel appearing for the petitioners further submits that the petitioners have been declared as ‘Proclaimed Offenders’ behind their back when they were not in India. He further contends that summons that were issued to the petitioners, received back with the report that they both are residing at Switzerland. It is contended that the impugned order is liable to be set aside on the ground that the mandate of Section 82 of Cr.P.C. has not been followed in its letter and spirit by the trial Court.

5. It is also submitted that both the petitioners undertake to appear before the trial Court on each and every date.

6. Learned State counsel opposes the prayer of the petitioners and supports the order passed by the learned trial Court by contending that the petitioners did not put in appearance before the trial Court intentionally and deliberately and, therefore, having left with no other option, proclamation was issued to secure their presence.

7. I have heard learned counsel for the parties and perused the record of the case with their able assistance and with the consent of parties, the matter is taken up for final disposal.

8. While the scheme of criminal justice system necessitates curtailment of personal liberty to some extent, it is of the utmost importance that the same is done in line with the procedure established by law to maintain a healthy balance between personal liberty of the individual-accused and interests of the society in promoting law and order. Such procedure must be compatible with Article 21 of the Constitution of India i.e. it must be fair, just and not suffer from the vice of arbitrariness or unreasonableness.

9. A perusal of the impugned order reveals that the trial Court issued proclamation without recording reasons of its belief that the petitioners have absconded or is concealing themselves. This Court in the judgment passed in Major Singh @ Major Vs. State of Punjab 2023 (3) RCR (Criminal) 406 has held that the Court is first required to record its satisfaction before issuance of process under Section 82 of Cr.P.C. and non-recording of the satisfaction itself makes such order suffering from incurabl