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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Rahul – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Sumeet Goel, J.
1. Present petition under Section 482 Code of Criminal Procedure, 1973 has been filed, seeking the quashing of order dated 16.09.2023 (Annexure P-1), passed by the Learned Judicial Magistrate, 1st Class, Rohtak in case ensuing from FIR No.397 dated 18.11.2022, registered at Police Station Old Sabzi Mandi, Rohtak, under Section 365 of the Indian Penal Code, whereby the petitioner was declared Proclaimed Person. Further, quashing of FIR No.36 dated 30.01.2024 registered at Police Station Old Sabzi Mandi under Section 174-A of the Indian Penal Code (Annexure P-2), registered in pursuance of the above-mentioned order dated 16.09.2023 is also prayed for.
2. It is argued on behalf of the petitioner that the order dated 16.09.2023 declaring the petitioner as proclaimed person has been passed in utter violation of the statutory requirements as enshrined in the Code of Criminal Procedure. It is submitted that since the learned Judicial Magistrate failed to adhere to the mandatory requirements, germane to procedure required to be followed before issuing proclamation against the petitioner, the illegality committed in issuing proclamation against the petitioner goes to
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 court established that strict adherence to the procedural requirements of Section 82 of the Cr.P.C. is essential for declaring a person as proclaimed, including proper publication and the 30-day ....
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 main legal point established in the judgment is the non-sustainability of orders declaring the petitioner as a proclaimed person and initiating criminal proceedings under IPC 174A due to non-comp....
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