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HARPREET SINGH BRAR
Amandeep Kaur – Appellant
Versus
State of Punjab – Respondent
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 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
The court emphasized police accountability in apprehending proclaimed offenders, criticizing inaction and complicity, and mandated compliance with legal procedures to protect victims.
The main legal point established in the judgment is that the accused, especially Accused No.1, cannot evade the legal process and avoid arrest, and their influence should not hinder unbiased and judi....
The central legal point established in the judgment is that a person cannot be declared as a Proclaimed Offender without proper service of summons and valid reasons to believe that the person is absc....
The issuance of a proclamation under Section 82 Cr.P.C. requires a documented reason to believe the accused is absconding, supported by material evidence, or it is legally unsustainable.
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....
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....
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