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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Daljit Kaur @ Pooja @ Sonia – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Manisha Batra, J. (Oral)
CRM-50271-2024
This is an application for placing on record the documents as Annexures P-13 and P-14.
Application is allowed, as prayed for.
Main Case
1. Prayer in the present petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') is for quashing of the order dated 30.08.2024 (Annexure P-12) passed by the Court of learned Judicial Magistrate Ist Class, Jalandhar in case titled as 'State Vs. Sukhpreet Singh and others', arising out of FIR No.95 dated 23.08.2021 registered under Sections 420, 120-B of IPC and Section 13 of the Punjab Travel Professional Act, 2014, at Police Station Navi Baradari, District Police Commissionerate Jalandhar, whereby, the petitioners had been declared proclaimed persons.
2. The aforementioned FIR had been registered on the complaint lodged by the complainant-Kewal Krishan on the allegations that the present petitioners had induced his daughter-Komal to settle at Muscat by alluring her to provide job and accommodation to her in that country. After alluring her, they had taken her from India to Muscat on the pretext of providing a job in beauty parlour but she was sold to work in a Sheik
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.
Proclamation proceedings under Section 82 Cr.P.C. must adhere to strict procedural requirements, including prior issuance of arrest warrants and proper publication, to avoid nullity.
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....
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 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.
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