Satbir Singh @ Satvir Singh vs State of Punjab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2044

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSH BUNGER, J.
Satbir Singh @ Satvir Singh & Ors. – Petitioners
Versus
State of Punjab – Respondent
CRM-16147 of 2023 IN/AND CRM-M-16352 of 2023
Decided On : 21-04-2023

Advocates Appeared:
Mr. Lakhwinder Singh Mann, Advocate; For the Petitioners

Headnote:(A) Code of Criminal Procedure, 1973 - Section 82 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Mandatory compliance with Section 82 requires a clear thirty-day notice period for appearances of proclaimed offenders - The Court emphasized that the computation of time must exclude certain dates, thereby confirming the non-compliance in this matter. (Paras 12 and 13)

(B) Proclamation proceedings - The declaration of accused as proclaimed offenders is subject to strict adherence to statutory requirements as outlined in the relevant law and cannot be accomplished without fulfilling mandatory conditions. (Paras 12)

Facts of the case:
Petitioners challenged their declaration as proclaimed offenders issued for not appearing before the court despite prior summons. Their absence was linked to a claimed lack of knowledge about the summons, which had precluded their proper opportunity to respond. The trial Court’s proclamation orders effectively left less than 30 days for compliance, raising key issues of procedural validity.

Findings of Court:
The order declaring the petitioners as proclaimed offenders was found to lack the requisite procedural compliance under Section 82, specifically failing to allow a full 30-day notice period.

Issues: The main issues included whether the mandatory period of 30 days had been appropriately provided and the implications of failing to comply with statutory requirements regarding proclamations.

Ratio Decidendi: The Court underscored that the provisions of Section 82 of the Code of Criminal Procedure are mandatory, and noticed that the computation of the notice period must take into account exclusions as specified under the General Clauses Act.

Result: The impugned order declaring the petitioners as proclaimed offenders was set aside.

Table of Content
1. acceptance of zimni orders. (Para 1)
2. background of criminal allegations. (Para 2 , 3)
3. issuance and compliance of proclamation warrants. (Para 4 , 5)
4. argument against declaration of proclaimed offenders. (Para 6)
5. respondent's stance on petitioners' knowledge. (Para 7 , 8 , 9)
6. observations on non-bailable warrants. (Para 10)
7. court's interpretation of mandatory provisions. (Para 11 , 12)
8. setting aside of the order declaring petitioners as proclaimed offenders. (Para 13)
9. conclusion and disposal of the petition. (Para 14 , 15)

JUDGMENT

Harsh Bunger, J.

CRM-16147-2023:

Present application is filed for placing on record relevant zimni orders as Annexure P-9.

For the reasons mentioned in the application, the relevant zimni orders are taken on record as Annexure P-9, subject to all just exceptions.

Application is accordingly disposed of.

CRM-M - 16352-2023 :

Petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure for setting aside impugned order dated 22.03.2023 (Annexure P-7) passed by the Court of Additional Sessions Judge, Fatehgarh Sahib, declaring the petitioners as proclaimed offenders in case DDR No.28 dated 02.01.2019 (Annexure P-2) under Sections 148 , 149, 323, 325 427 & 452 of the INDIAN PENAL CODE and Sections 3 (1)(N)(O), 3(2)(V)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, registered in case FIR No.3 dated 02.01.2019 (Annexure P-1), under Sections 148 , 149, 323, 325 & 341 of the INDIAN PENAL CODE and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, at Police Station Fatehgarh Sahib.

2. Learned counsel for the petitioners submits that case FIR No.3 dated 02.01.2019 (Annexure P-1) was got registered by one Harinder Pal Singh against Kuldeep Singh and other accused persons by alleging that they had given beatings to him and as a counter blast to the same, the aforesaid Kuldeep Singh got registered case DDR No.28 dated 02.01.2019 (Annexure P-2) against the petitioners herein and other co-accused, including Harinder Pal Singh, by alleging that they had entered into the house of Kuldeep Singh and gave beatings to him and also uttered casteist remarks. Learned counsel for the petitioners states that the matter was investigated by the police, wherein the petitioners were declared innocent and they were kept in Column No.2 of the Challan.

3. Learned counsel for the petitioners submits that after the presentation of challan, Kuldeep Singh appeared as a witness in case DDR (Annexure P-2) and his examination in chief was recorded as PW-1, wherein he reiterated the same story as stated by him in his statement recorded under Section 161 of the Code of Criminal Procedure. Thereafter, upon filing of an application under Section 3 19 of the Code of Criminal Procedure, the trial Court summoned the present petitioners vide order dated 30.07.2022 (Annexure P-4).

4. Learned counsel for the petitioners inter alia contends that the petitioners were not aware of the summoning order dated 30.07.2022 (Annexure P-4), accordingly on account of their absence before the trial Court, the proclamation warrants were issued against them vide order dated 07.02.2023 (Annexure P-6) passed by the Court of Additional Sessions Judge, Fatehgarh Sahib, while observing as under:

"Therefore, let fresh proclamation warrants of additional accused persons namely Ranbir Singh @ Bagga Kohi Wala, Jugraj Singh, Satvir Singh, Jaspreet Singh @ Hira, Lakhwinder Singh @ Lakha be again issued to cause the appearance of the additional accused persons namely Ranbir Singh @ Bagga Kohi Wala, Jugraj Singh, Satvir Singh, Jaspreet Singh @ Hira, Lakhwinder Singh @ Lakha before this court on 22.03.2023. Ahlmad is directed to draw the proclamation warrants in accordance with the provisions of Section 82(1) of Cr.P.C. and handover the same to the serving constable to be published in accordance with section 82(2) of Cr.P.C. Serving constable wi