Mandatory compliance with Section 82 Cr.P.C. procedures is essential for declaring an absconder as a proclaimed offender, failing which, subsequent proceedings are rendered invalid.

JUDGMENT :

Deepak Gupta, J.

CRM No.14102 of 2023

This is an application to place on record zimni orders passed by the trial Court as Annexure P4 and the statement of the I.O as Annexure P5.

Application is allowed. Annexures P4 and P5 are taken on record.

CRM-M-6620 of 2023

Prayer in this petition is to set aside order dated 19.12.2022 (Annexure P3) passed by learned Judicial Magistrate 1st Class, Shaheed Bhagat Singh Nagar in case FIR No.64 dated 26.04.2016 registered at Police Station Rahon, District SBS Nagar under Section 21(1), 4(1) of Mines and Minerals (Regulation of Development) Act, 1957.

2. It is contended by learned counsel that the petitioner was facing trial after being granted bail. However, he could not attend the Court on 11.04.2022 as being driver by profession, he was out of station. Thereafter, he did not receive any notice from the Court nor the proclamation was issued for the date on which he was declared proclaimed person.

3. Notice of motion.

4. Mr.P.S.Pandher, AAG, Punjab, accepts notice on behalf of the respondent-State.

5. Zimni orders Annexure P4 placed on record by learned counsel for the petitioner, reveal that the petitioner had appeared on 15.03.2022. Due to his absence on the next date of hearing, i.e. 11.04.2022, his bail was cancelled. However, the subsequent zimni orders reveal that warrants of arrest issued against the petitioner were received back unexecuted and then vide order dated 01.11.2022, proclamation was directed to be issued for 18.11.2022 and presence of the accused- petitioner was directed to be awaited for 19.12.2022. Notice of proclamation reveals that the same was issued for 18.11.2022 on which date, petitioner was directed to surrender. However, instead of 18.11.2022, on which date even 30 days period had not elapsed, the petitioner was declared proclaimed offender on 19.12.2022 despite the fact that there was no proclamation for that date.

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

"82. Proclamation for person absconding. -

(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;

(c) a copy thereof shall be affixed to some conspicuous part of the Court-house;

(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 that the proclamation was published on such day.

(4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code (45 of 1860), and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.

(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made