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SANJIV BERRY
Abhinav Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Sanjiv Berry, J. (Oral)
By way of present petition filed under Section 482 Cr.P.C., the petitioner has sought quashing of the impugned order dated 28.05.2019 (Annexure P-1) whereby the petitioner has been declared as proclaimed person in FIR No.252 dated 01.07.2017 registered under Section 381 of IPC, registered at P.S. Sector 5, Panchkula, District Panchkula (Annexure P-2).
2. It is, inter alia, contended by learned counsel for the petitioner that the petitioner after having been granted bail in the aforesaid FIR had been regularly appearing in the Court. When, during the course of proceedings, due to miscommunication of date, he could not appear and was marked absent and later ordered to be summoned through bailable warrants of arrest and finally with proclamation vide order dated 16.03.2019. She further submits that vide the impugned order dated 28.05.2019 (Annexure P-1), the petitioner was declared as proclaimed person in this case relying upon the statement of the Executing Official, which was recorded on the same day and perusal of the statement (Annexure P-5) reveals that the proclamation was effected on 23.05.2019 and specified period of 30 days had not lapsed when t
The declaration of a person as proclaimed under Section 82 Cr.P.C. is invalid if the mandatory 30-day notice period is not adhered to.
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.
The court established that strict adherence to the procedural requirements of Section 82 Cr.P.C. is essential for validly declaring a person as a proclaimed offender.
The court emphasized the mandatory requirement of a 30-day notice period under Section 82 Cr.P.C. for declaring a person as proclaimed, which was violated in this case.
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