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 absconding status.

JUDGMENT :

Mr. Sumeet Goel, J.:- This is the second petition filed under section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of order dated 01.07.2024 (Annexure P-3), passed by the learned Judicial Magistrate, 1st Class, Amritsar in case FIR No.296 dated 15.09.2023, registered at Police Station Division B, District Police Commissionerate, Amritsar, whereby the petitioner was declared proclaimed offender.

2. While assailing the impugned order dated 01.07.2024 (Annexure P-3), the learned counsel for the petitioner argued, that the order declaring the petitioner as proclaimed offender is not sustainable and is liable to be set-aside. It is argued that no effective step was taken in the case to serve the petitioner with warrants before issuance of proclamation against him. It is submitted that a false address of the petitioner is mentioned in the case by the police, whereas, the petitioner never resided at the said address. It is submitted that the address of the petitioner as mentioned in the case proceedings by the police is Flat No.102-D, Jalandhar Heights. Whereas, the actual address of the petitioner as per his Aadhar Card is ‘Gulchaman son of Gyan Chand, H.No.5840, Ward No.15, Mohalla Guru Nanakpura, Nakodar, District Jalandhar’. It is further submitted that firstly, the address of the petitioner as given in the case by the police is false. Secondly, the said address is incomplete address as no locality, village, town or city is mentioned in the said address. In view of the said situation, the petitioner could not have been served with any warrants of arrest. Accordingly, the issuance of proclamation against the petitioner is also bad in law and cannot be sustained.

3. Learned State counsel has opposed the claim of the petitioner seeking quashing of the order declaring the petitioner as proclaimed offender in the case. While refuting the case of the petitioner, detailed arguments concerning the merits of the case were made and it is argued that the offence alleged against the petitioner is serious and heinous. However, no material has been presented to show that the petitioner is or was residing at the address mentioned in the case by the police.

4. I have heard the learned counsel for both the petitioner as well as the State and carefully perused the record of the case.

5. It is pertinent to mention herein that the petitioner had earlier approached this Hon’ble Court by way of petition under Section 482 of Cr.P.C., 1973 on the same cause of action which was disposed off vide order dated 15.07.2024, relevant whereof reads as under:

“1. Learned counsel appearing for the petitioner seeks to withdraw the present petition so as to enable the petitioner to file an appropriate petition/application, in accordance with law, in terms of provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023.

2. Ordered accordingly.

3. Pending applications, if any, shall also stand disposed off.”

It is further pertinent to mention herein that the petitioner had earlier challanged the P.O. proceedings, initiated against him, vide CRM-M-30738-2024, which was rendered infructuous on account of the petitioner having been declared as proclaimed offender vide the impugned order dated 01.07.2024.

6. The facts of the present case narrate a very sordid course of procedure, adopted by the trial Court. Perusal of order dated 28.03.2024 (Annexure P-5) passed by the Judicial Magistrate shows that the non-bailable warrants issued against the petitioner remained unserved. As such, fresh non-bailable warrants were issued against the petitioner for 13.05.2024. Thereafter, on 13.05.2024 the Judicial Magistrate noted that the non-bailable warrants issued against the petitioner remained unserved with the report that the accused was not available at home. In pursuance of which, the Judicial Magistrate passed the order that in the interest of justice and to speed up the case, the accused be served through proclamation to be issued under section 82 of Cr.P.