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 Sheikh's house by way of human trafficking. On coming to know about this fact, the complainant had reported the matter to the police but his daughter had not been brought back to India despite the fact that the petitioners had taken an amount of Rs.55,000/- more from him for bringing his daughter back. Therefore, he prayed for taking action in the matter. After registration of FIR, investigation proceedings were initiated and after completion of the same, challan was presented in the Court. The presence of the petitioners could not be secured. Ultimately, proceedings under Section 82 of the Code of Criminal Procedure were initiated against them and vide order dated 30.08.2024, they were declared proclaimed persons.

3. It is argued by learned counsel for the petitioners that they have been falsely implicated in this case. They were not aware of registration of any FIR. They never received any notice of the same. They were residing in Dubai at the time of registration of FIR. They have been declared proclaimed persons without following the proper procedure prescribed under Section 82 of Cr.P.C. With these broad submissions, it is urged that the impugned order is liable to be set aside.

4. Learned State counsel, who has advance notice of the petition, on the other hand, has argued that the petitioners intentionally avoided their appearance before the learned trial Court despite having knowledge of the registration of the FIR and filing of challan against them and were rightly declared proclaimed persons. Therefore, it is urged that they do not deserve to be granted any relief.

5. I have heard learned counsel for the parties at considerable length and have gone through the record.

6. On going due deliberations to the contentions as raised by both the sides and on overall perusal of the orders passed by the learned trial Court, I am of the considered opinion that the impugned order suffers from material illegalities and is liable to be quashed with all the consequential proceedings arising therefrom.

7. At the outset, it would be relevant to refer to the provision of Section 82 Cr.P.C., which provides for publication of proclamation against the person absconding. It reads as under:

"82. Proclamation for person absconding. -

(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.

(2) The proclamation shall be published as follows:-

(i) (a) it shall be publicly read in some conspicuous place of the town or village in which suc