Ravinder Kaur vs State of Punjab - 2023 Supreme(P&H) 3109

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3109

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAJBIR SEHRAWAT, J.
Ravinder Kaur – Petitioner
Versus
State of Punjab – Respondent
CRM M 9185 of 2023 (O&M)
Decided On : 31-08-2023

Advocates Appeared:
Mr. Karan Garg, Advocate; For the Petitioner

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of order declaring petitioner as Proclaimed Offender - Petitioner contended wrongful declaration due to non-filing of challan and absence of intentionality - State had no objection to the petitioner appearing in Court - Objective to ensure presence of accused before the Court emphasized. (Paras 1, 2, 5)

(B) Coercive Mechanism - Purpose is to ensure the accused's presence for legal proceedings; sincere intention to appear warrants protection from arrest. (Paras 5, 6)

Facts of the case:
The petitioner was declared a Proclaimed Offender for non-attendance in court in response to FIR No. 70 of the IPC concerning cheating; no evidence was found against her in the police inquiry, and she intended to appear before the Court upon the petition's allowance.

Findings of Court:
Petition allowed with the directive for the petitioner to appear before the trial court by 14.09.2023 to secure bail.

Issues: The key issues included the appropriateness of declaring the petitioner a Proclaimed Offender and the implications of her absence from court proceedings.

Ratio Decidendi: The court held that a demonstration of sincere intent to appear negates the need for coercive measures; the petitioner’s compliance would prevent her arrest henceforth.

Result: Petition allowed.

Table of Content
1. petition filed under section 482 for quashing. (Para 1)
2. petitioner claims wrongful declaration as proclaimed offender. (Para 2)
3. state's objection to bail despite agreement on petitioner appearing. (Para 4)
4. importance of accused's presence in court. (Para 5)
5. petition allowed subject to conditions for bail. (Para 6)

JUDGMENT

Mr Rajbir Sehrawat, J. (Oral)

CRM-20239-2023

Allowed as prayed for.

Main case

The present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of impugned order dated 16.03.2019 passed by the SDJM, Moonak (Annexure P-2), whereby the petitioner has been declared as Proclaimed Offender in case FIR No. 70 dated 28.07.2015 registered under Sections 406 , 420, 120-B of the INDIAN PENAL CODE at Police Station Lehra, District Sangrur.

2. Counsel for the petitioner submits that the petitioner has wrongly been declared as Proclaimed Offender vide order dated 16.03.2019 (Annexure P-2). The petitioner could not attend to the Court proceedings as during the course of enquiry, she was told that the police has not found anything against her and as such, no challan was filed against the petitioner. There was no intentional absence from the Court proceedings by the petitioner. In any case, the petitioner undertakes not to absent from the Court proceedings any further.

3. Notice of motion.

4. Mr. Sandeep Singh, Additional Advocate General, Punjab accepts notice on behalf of the respondent State. He submits that although the petitioner does not deserve the concession of bail because she has absconded from the process of law, however, the State has no objection if the petitioner appears before the trial Court.

5. The objective of the coercive mechanism prescribed under the Code of Criminal Procedure is to ensure that the accused remain present before the Court to receive the orders and punishments as are passed qua the accused. If the accused shows his sincere intention and desire to appear before the Court, then it would not be unjustified to protect him from being arrest.

6. In view of the above, the present petition is allowed subject to the petitioner appearing before the trial Court on or before 14.09.2023. It is further directed that in case the petitioner so appears before the trial Court on or before 14.09.2023, then she shall be released on bail on her furnishing bail bonds/sureties to the satisfaction of the trial Court/Chief Judicial Magistrate/Duty Magistrate.

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