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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Vinod Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Sumeet Goel, J.
1. Present petition under Section 482 of the Code of Criminal Procedure, is filed, seeking quashing of order dated 17.08.2023 (Annexure P-5), passed by the Learned Judicial Magistrate, 1st Class, Ludhiana in case FIR No.03 dated 05.01.2023, under Sections 294, 427, 323, 506, 148, 149 IPC, 1860 (Sections 307 and 354 IPC, 1860 added later on) registered at Police Station Dugri, District Ludhiana. Vide the impugned order dated 17.08.2023 the petitioner has been declared proclaimed offender in the case.
2. While assailing the impugned order dated 17.08.2023 (Annexure P-5), the learned counsel for the petitioner has argued, that the order vide which the petitioner has been declared as proclaimed offender, is not sustainable and is liable to be set-aside. It is argued that no effective steps were taken, in the case to serve the petitioner with warrants before issuance of proclamation against him. It is further submitted that the petitioner had no intimation about the pendency of the present proceedings, and the petitioner got to know about the factum of his being declared as a proclaimed offender during the hearing of criminal writ bearing No. CRWP-1031 of 2023 (f
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 ....
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 established that strict adherence to the procedural requirements of Section 82 Cr.P.C. is essential for validly declaring a person as a proclaimed offender.
The competence of the Magistrate to issue warrants of arrest and the importance of securing the presence of the accused for interrogation during the course of investigation.
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