Sukhchain Chand vs State of Punjab - 2023 Supreme(P&H) 1861

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1861

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA, J.
Sukhchain Chand – Petitioner
Versus
State of Punjab & Anr. – Respondents
CRM-M No.6523 of 2022 (O&M)
Decided On : 04-05-2023

Advocates Appeared:
Mr. Vivek K. Thakur, Mr. Gurpreet Singh Shergill, AAG, Punjab.

Headnote:(A) Criminal Procedure Code, 1973 - Section 82 - Indian Penal Code, 1860 - Section 174-A - Proclamation for absconding person - The petitioner challenged his declaration as a proclaimed person, asserting violations of Section 82 - The court found no valid proclamation for the declaration date and emphasized that all publication requirements under Section 82(2) must be strictly adhered to - There was a clear failure to comply with the mandatory provisions of Section 82, thus leading to quashing of the FIR and all subsequent proceedings. (Paras 8, 11, 12)

(B) Procedure and Standards - For a person to be declared a proclaimed offender under Section 82, necessary preconditions must be met including prior issuance of a warrant and proper publication - Non-compliance with publication requirements renders the proceedings null and void. (Paras 9, 10)

Table of Content
1. fir details and circumstances of the case. (Para 4 , 5)
2. arguments against declaration as proclaimed person. (Para 6 , 7)
3. requirements for a valid proclamation under section 82 cr.p.c. (Para 8 , 9 , 10 , 11)
4. quashing of the fir due to legal violations. (Para 12)

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 that he has been wrongly declared as proclaimed person in violation of provision of Section 82 Cr.P.C. Learned counsel has drawn attention towards order dated 17.07.2015 (Annexure P5) whereby, after noticing that warrants of arrest issued against petitioner were received back unexecuted, presence of the petitioner was directed to be procured through proclamation for 01.08.2015. Annexure P6 is the order dated 01.08.2015 as per which proclamation issued against the petitioner was received back duly effected with the report that he had been served through proclamation on 30.07.2015. However, matter was adjourned to 31.08.2015 and then by way of the impugned order, petitioner was declared proclaimed person on 31.08.2015.

7. Learned counsel for the petitioner submits that on 01.08.2015 when the proclamation was received back effected for 01.08.2015, the period of 30 days had not elapsed for appearance/surrender of the petitioner; whereas no proclamation was issued for 31.08.2015 on which date, petitioner was declared proclaimed person.

8. Section 82 of the Cr.P.C., which provides for publication of proclamation against person absconding, reads as under:-

(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.

(2) The proclamation shall be published as follows:-

(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;

(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;

(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.

(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive evidence that the requirements of this section have been complied with, and th

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