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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Rasneet Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sandeep Moudgil, J (Oral)
The jurisdiction of this Court has been invoked under Section 482 Cr.P.C., for setting aside the order dated 26.08.2016 (Annexure P-9) passed in FIR No.79 dated 26.07.2014, under Sections 325, 323, 34 of IPC, registered at Police Station Bajakhana, District Faridkot (Annexure P-1), whereby the petitioner has been declared as proclaimed person.2. Learned counsel for the petitioner contends that the order dated 26.08.2016 (Annexure P-9), vide which the petitioner has been declared as proclaimed person suffers from material illegality, since mandatory period of 30 days has not been rightly calculated by the trial Court in utter violation to the mandate laid down under Section 82 of Cr.P.C.
3. Notice of motion.
4. Mr. Rajiv Verma, DAG Punjab accepts notice on behalf of respondent/State, whereas Mr. Lovish Arora, Advocate has put in appearance on behalf of respondent No.2/complainant. Both are ad idem to submit that the order dated 26.08.2016 (Annexure P-9) suffers from technical flow, since the period of 30 days has not been rightly calculated as per established formula i.e. 30 days' period has to be completed from the date when proclamation is effecte
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.
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 of the Cr.P.C. is essential for declaring a person as proclaimed, including proper publication and the 30-day ....
The declaration of a person as proclaimed under Section 82 Cr.P.C. is invalid if the mandatory 30-day notice period is not adhered to.
Compliance with the mandatory 30-day notice period for appearance of an absconding accused after the publication of proclamation as mandated by Section 82(1) of the Cr.P.C is essential.
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.
Non-compliance with the clear period of 30 days requirement under Section 82 Cr.P.C. led to the setting aside of the order declaring the petitioner as a proclaimed offender.
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