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HARPREET SINGH BRAR
Bikramjit Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. filing of petition to quash order (Para 1) |
| 2. arguments on lack of notice and non-bailable warrants (Para 2 , 3) |
| 3. petitioner's undertaking to appear (Para 4 , 6) |
| 4. importance of fair legal procedure (Para 8 , 9) |
| 5. purpose of warrants and proclamations (Para 10) |
| 6. order to set aside proclamation and admit bail (Para 11 , 12) |
| 7. conditions on compliance for bail (Para 13 , 14) |
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 n
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.
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