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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Gurbakhshish Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar J.
The present petition has been filed under Section 482 Cr.P.C., for quashing of order dated 14.11.2024 (Annexure P-9) passed by learned Sub-Divisional Judicial Magistrate, Sultanpur Lodhi, Kapurthala in FIR No.168 dated 12.10.2016 (Annexure P-1) registered under Sections 406 and 420 IPC at Police Station Sultanpur Lodhi, District Kapurthala, vide which the petitioner was declared as proclaimed person.
2. Learned counsel appearing for the petitioner, inter alia, contends that the petitioner has been falsely implicated and the dispute between the parties is purely civil in nature, which has culminated into a compromise and a petition under Section 482 Cr.P.C., seeking quashing of FIR (supra) has already been filed before this Court i.e. CRM-M No.58372 of 2024, in which the parties were directed to appear before the learned trial Court within a period of 02 weeks and on their appearance, the petitioner, who is alleged to have been declared as proclaimed person on 14.11.2024, has earlier also approached this Court by way of filing a petition i.e. CRM-M No.837 of 2020, for seeking quashing of order dated 15.02.2019 passed by learned Sub-Divisional Judicial
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 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 trial court must record satisfaction before declaring individuals as proclaimed offenders, ensuring compliance with procedural requirements under Section 82 of Cr.P.C.
The court emphasized the mandatory requirement of a 30-day notice period under Section 82 Cr.P.C. for declaring a person as proclaimed, which was violated in this case.
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 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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