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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Harpal Singh Bajwa – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
1. The present petition has been filed under Section 528 of BNSS, 2023, for quashing of order dated 06.04.2024 passed by learned Sub-Divisional Judicial Magistrate, Phillaur in FIR No.315 dated 10.11.2018 registered under Sections 447, 506, 34 IPC at Police Station Phillaur, District Jalandhar, vide which the petitioner was declared as proclaimed person.
2. Learned counsel for the petitioner submits that the petitioner was on bail and was regularly appearing before the learned trial Court, however, in the month of April, 2023, he went to West Bengal to supply potatoes on his truck where he unfortunately suffered a paralytic attack. He further submits that the petitioner is an old man aged about 75 years and was under continuous medical treatment and he again suffered a brain stroke and paralysis (Right Side Upper Kim and Lower Limb on 29.01.2024 and he remained admitted in the hospital and is under treatment, and due to this reason he could not appear before the learned trial Court on the date fixed and as a result, he was wrongly declared as proclaimed person on 06.04.2024. Aggrieved by the said impugned order dated 06.04.2024, the petitioner
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.
Issuance of proclamation must adhere to mandatory procedures to ensure fairness and legality, with non-compliance rendering subsequent actions a nullity.
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.
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 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.
The trial court must record satisfaction before declaring individuals as proclaimed offenders, ensuring compliance with procedural requirements under Section 82 of Cr.P.C.
Mandatory compliance with Section 82 of the Code of Criminal Procedure is essential for valid proclamations regarding absconding individuals.
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