Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Satinder Sharma – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
1. This is the first petition filed under Section 528 Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking quashing of impugned order dated 31.05.2023 passed by learned Judicial Magistrate Ist Class, Faridkot (Annexure P-8), whereby the petitioner was declared as proclaimed person and quashing of the complaint No.61 dated 24.04.2019 (Annexure P-7) and all the consequential proceedings arising therefrom.
2. Learned senior counsel for the petitioner wishes to withdraw the prayer with regard to quashing of the complaint bearing No.61 dated 24.04.2019 and seeks liberty to file a separate petition for the same. However, she confines her prayer to the extent of quashing of impugned order dated 31.05.2023 passed by learned Judicial Magistrate Ist Class, Faridkot (Annexure P-8), whereby, the petitioner was declared as P.O.
3. Prayer is allowed with liberty as prayed for.
4. Brief facts of the case as alleged are that the petitioner in connivance with other co-accused got executed the false sale deed dated 16.12.1996 for the land owned by the private respondents, situated in the revenue estate of village Singhe Wala and Tare Wala, Tehsil and District
Issuance of proclamation must adhere to mandatory procedures to ensure fairness and legality, with non-compliance rendering subsequent actions a nullity.
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.
The trial Court's failure to record satisfaction before declaring the petitioner a proclaimed person constituted an incurable illegality, violating procedural safeguards under Section 82 of Cr.P.C.
The trial court must record satisfaction before declaring individuals as proclaimed offenders, ensuring compliance with procedural requirements under Section 82 of Cr.P.C.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
