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SUMEET GOEL
Gulshan @ Gulchaman – Appellant
Versus
State of Punjab – Respondent
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.
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....
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 of the Cr.P.C. is essential for declaring a person as proclaimed, including proper publication and the 30-day ....
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 expression ‘reason to believe’ means sufficient cause to believe. As also enunciated in Section 26 IPC, a person is said to have ‘reason to believe’ a thing, if he has sufficient cause to believe....
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.
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