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MANISHA BATRA
Sukhjinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mrs. Manisha Batra, J. (Oral)
The instant petition has been filed by the petitioner under Section 482 Cr.P.C. seeking quashing of order dated 05.07.2023 (Annexure P-15), passed by the Sub Divisional Judicial Magistrate, Khadur Sahib in case titled as State v. Sukhjinder Singh, arising out of FIR No. 90 dated 07.09.2021, registered under Section 376 IPC at Police Station Veerowal, District Tarn Taran, whereby he had been declared a proclaimed person.
2. Brief facts of the case relevant for the purpose of disposal of the present petition are that the aforementioned FIR was registered on the statement of complainant/respondent No. 2 K' (name withheld) alleging therein that she was married to one Prem Singh 2-3 years back but had no child out of the said wedlock. Since her husband was a drug addict, he used to beat her. She met petitioner Sukhjinder Singh, who used to work in the factory where her husband had also been working. They developed friendship and decided to get married with each other. She took a panchayati divorce from Prem Singh and came to her parental house. She alleged that the petitioner, on the pretext of performing marriage with her, had been maintaining sexua
The declaration of a proclaimed person under Section 82 Cr.P.C. must follow strict procedural requirements, and failure to comply renders the order invalid.
The court emphasized the necessity of following proper procedures under Section 82 Cr.P.C. for declaring a person a proclaimed offender, highlighting that non-compliance renders such declarations nul....
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.
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