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2024 Supreme(P&H) 329

HARKESH MANUJA
Jatin Gandhi – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Appellant :Mr. Vinod K. Kaushal, Advocate

JUDGMENT :

HARKESH MANUJA, J.

1. By way of present petition filed under Section 482 Cr.P.C., prayer has been made for quashing/setting aside of order dated 20.09.2023 (Annexure P-3) passed by the Chief Judicial Magistrate, Amritsar, whereby the petitioner was declared as proclaimed person.

2. Briefly stating, having been implicated as an accused in FIR No.88 dated 09.04.2021 registered under Sections 188, 269 IPC at Police Station Civil Lines, Police Commissionerate Amritsar, Amritsar, petitioner was granted bail by the Trial Court vide order dated 31.03.2022 and since then he has been regularly appearing before the Court, but for 17.11.2022 followed by his non-appearance, vide order dated 27.04.2023, proclamation under Section 82 Cr.P.C. was ordered against him, resulting into declaration of his being a proclaimed person vide order dated 20.09.2023.

3. Impugning the aforesaid order dated 20.09.2023, learned counsel for the petitioner submits that while declaring the petitioner as proclaimed person, mandatory requirement under Section 82 Cr.P.C. was never complied with and thus, the same is unsustainable in law.

4. Notice of motion.

5. Upon advance notice, Mr. Shubham Kaushik, Asstt. A.G

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