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DEEPAK GUPTA
Sukhchain Chand – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
(Deepak Gupta, J.)
CRM-19948-2023:
This is an application under Section 482 Cr.P.C. to place on record the order dated 17.07.2015 and 01.08.2015 passed by learned Judicial Magistrate 1st Class as Annexure P5 and Annexure P6.
2. Allowed as prayed for.
3. Annexure P5 and Annexure P6 are taken on record.
CRM-M-6523-2022:
4. Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.232 dated 07.12.2015 registered under Section 174-A of the IPC registered at Police Station Navi Baradari, District Jalandhar City and all subsequent proceedings arising therefrom including report under Section 173(8) Cr.P.C. and the order dated 31.08.2015 passed by JMIC, Jalandhar in case No.NACT-81 of 07.01.2015 titled as 'Avtar Singh Vs. Sukhchain Singh'.
5. Aforesaid complaint No.NACT-81 of 2015 was filed to prosecute petitioner under Section 138 of the Negotiable Instruments Act, in which he was declared proclaimed person vide order dated 31.08.2015 (Annexure P2). Consequent to the said order FIR No.232 dated 07.12.2015 under Section 174-A of the IPC was registered at Police Station Navi Baradari, District Jalandhar City.
6. Learned counsel for the petitioner contends
Proclamation proceedings under Section 82 Cr.P.C. must adhere to strict procedural requirements, including prior issuance of arrest warrants and proper publication, to avoid nullity.
The court established that strict adherence to the procedural requirements of Section 82 Cr.P.C. is essential for validly declaring a person as a proclaimed offender.
The court established that strict adherence to the procedural requirements of Section 82 of the Cr.P.C. is essential for declaring a person as proclaimed, including proper publication and the 30-day ....
Mandatory compliance with Section 82(2)(i)(a) of Cr.P.C., emphasizing the requirement for the proclamation to be read publicly as per constitutional rights.
The declaration of a person as proclaimed under Section 82 Cr.P.C. is invalid if the mandatory 30-day notice period is not adhered to.
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