The court emphasized police accountability in apprehending proclaimed offenders, criticizing inaction and complicity, and mandated compliance with legal procedures to protect victims.

JUDGMENT :

Harpreet Singh Brar, J.

CRM-W-1551-2024 in CRWP-12219-2021

1. For the reasons mentioned in the application, the same is allowed. The documents annexed as Annexures P-17 to P-19 are taken on record subject to all just exceptions.

MAIN CASES

2. On 13.11.2024, the following order was passed in CRWP-12219- 2021:

“Learned State counsel has submitted the affidavit of Saumya Mishra, IPS, Senior Superintendent of Police, District Ferozepur on behalf of respondents No. 1, 2 and 4. Same is taken on record. Registry is directed to tag the same at the appropriate place.

Learned counsel for the petitioner inter alia submits that in spite of the fact that accused was declared as proclaimed offender second time on 02.03.2023, he was allowed to travel abroad and the local police is hand in glove with the accused. Learned counsel further contends that thereafter, one application was filed by the petitioner for rectification of the order dated 02.03.2023, however, learned Additional Chief Judicial Magistrate, Ferozepur has passed the order on 03.06.2023, which is available on record along with the affidavit filed by the State of Punjab as Annexure R-10 and perusal thereof indicates that accused has been declared as a Proclaimed Offender and proclamation of the accused has already been effected under Section 82(i) of Cr.P.C. and the aforementioned order is still in operation and more than 20 months have passed from the date of proclamation issued under Section 82(i) of Cr.P.C. and the local police has not made any effort to apprehend the accused and submit him to the process of Court, it is further contended that the accused is roaming freely and threatening the petitioner as well as her counsel and even moved an application before the concerned Bar Council against learned counsel for the petitioner. Learned counsel further submits that application seeking anticipatory bail to the petitioner has been dismissed by the Hon’ble Supreme Court way back on 05.02.2011.

On 06.08.2024, the following order was passed:

“CRM-W-990 & 991-2024

These applications have been filed under Section 582 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for placing on record Annexures P-8 to P-16 and also for exemption from filing certified and true typed copies thereof. In view of the averments made in the applications, same are allowed. Annexures P-8 to P-16 are taken on record subject to all just exceptions and exemption sought is granted.

CRWP-12219-2021

Present criminal writ petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 seeking issuance of direction to respondents No. 2 to 4 to protect the life and liberty of the petitioner and her family members at the hands of accused person and further direction to respondents No. 2 to 4 to stop the repeated enquiries/investigation in FIR No. 159 dated 10.10.2020 under Sections 354, 354-A, 506, 509 of the Indian Penal Code, 1860 (for short ‘IPC’) and Section 67-A of the Information Technology Act, 2000 (Sections 376, 511 & 342 of IPC added later on), registered at Police Station Kulgari, District Ferozepur.

Learned counsel for the petitioner, inter alia, contends that the petitioner is complainant in FIR (supra) and the accused in the said FIR is an influential person. In spite of registration of FIR (supra), the jurisdictional police authorities have not concluded the investigation, therefore, the petitioner approached this Court by filing CRM-M-15579-2021 and only after this Court passed the order dated 08.04.2021 in the aforementioned petition, final report under Section 173 Cr.P.C. was filed before the jurisdictional Magistrate. The anticipatory bail of the accused was dismissed by learned Additional Sessions Judge, Ferozepur on 28.10.2020 (Annexure P-3) and this Court, vide order dated 12.11.2020, also dismissed his anticipatory bail petition i.e. CRM-M-36799-2020 (Annexure P-4). Even the SLP (Crl.) No. 965/2021 filed against the aforementioned order dated 12.11.2020 was dis