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HARSH BUNGER
Satbir Singh @ Satvir Singh – Appellant
Versus
State of Punjab – Respondent
| 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 02.0
The court held that a proclamation under Section 82 of the Cr.P.C. is invalid if the accused was not properly served with warrants and the court failed to record satisfaction of the accused's abscond....
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