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MANISHA BATRA
Ajay Mohindru – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Manisha Batra, J.
The instant petition has been filed by the petitioner under Section 482 Cr.P.C. for quashing of order dated 06.05.2023, passed by the Additional Chief Judicial Magistrate, Jalandhar in case titled as State vs. Ajay Mohindru, arising out of FIR No.150 dated 22.09.2021, registered under Section 406 of IPC and Section 13 of Punjab Travel Professionals (Regulation) Act, 2014 at Police Station Sadar Jalandhar, District Jalandhar, whereby the petitioner had been as proclaimed person.
2. The present petition has been filed by the petitioner on the grounds and it has been argued by his counsel that the petitioner has been falsely implicated in this case. He was never served with the notices/warrants issued by the trial Court. The petitioner had been declared a proclaimed person without following the proper procedure prescribed under Section 82 Cr.P.C. It is also submitted that the matter has been compromised between the parties. Hence, it is urged that the impugned order is liable to be set aside.
3. Learned State Counsel has argued that the petitioner was having knowledge about the pendency of the trial and had intentionally avoided his appearance before the trial
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.
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 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 established that compliance with the procedural requirements of Section 82 Cr.P.C. is essential for declaring an individual as a proclaimed person.
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.
Mandatory provisions of Section 82, Cr.P.C and the need to afford the accused a clear period of 30 days from the date of publication of the proclamation to secure the presence of the accused.
The declaration of a person as proclaimed under Section 82 Cr.P.C. is invalid if proper procedural requirements are not followed, including the court's satisfaction regarding the absconder's status.
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....
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.
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