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HARPREET SINGH BRAR
Bikramjit Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
1. The present petition has been filed under Section 528 read with Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of order dated 09.01.2023 (Annexure P-1) passed by the learned Judicial Magistrate 1st Class, Batala, District Gurdaspur, in case bearing No. COMI/25/2016 titled as Harpal Singh vs. Saudagar Singh and others vide which the petitioner has been declared as proclaimed person.
2. Learned counsel appearing for the petitioner inter alia contends that the petitioner was summoned vide order dated 26.09.2019 and notice was issued to him on the address given in the complaint but no notice was served upon the petitioner and the petitioner was completely unaware of the proceedings commenced before the learned trial Court which led to non-appearance of the petitioner. It is evident from the orders dated 01.09.2021 to 05.08.2022 that notice issued to the petitioner was never executed as the petitioner is residing abroad since 16.03.2016 and vide order dated 14.10.2022, non-bailable warrants were issued against him. On 21.11.2022, the trial Court issued proclamation under Section 82 of Cr.P.C. against the petitioner and on 09
The issuance of a proclamation under Section 82 Cr.P.C. is invalid without the trial Court's recorded satisfaction regarding the accused's abscondance, making the order illegal.
Issuance of proclamation must adhere to mandatory procedures to ensure fairness and legality, with non-compliance rendering subsequent actions a nullity.
The trial Court's failure to record satisfaction before declaring the petitioner a proclaimed person constituted an incurable illegality, violating procedural safeguards under Section 82 of Cr.P.C.
The trial court must record satisfaction before declaring individuals as proclaimed offenders, ensuring compliance with procedural requirements under Section 82 of Cr.P.C.
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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