Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Satnam Singh – 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 01.08.2022 passed by learned Sub Divisional Judicial Magistrate, Zira (Annexure P-1), whereby the petitioner was declared as proclaimed offender in case stemming from FIR No.8 dated 17.02.2020 registered under Sections 379-B, 411, 201, 409, 120-B IPC at Police Station City Zira.
2. Learned counsel for the petitioner submits that petitioner was granted regular bail by this Court on 13.07.2020. Thereafter, on account of Covid-19 pandemic, the case stood adjourned from 30.09.2020 to 11.11.2020. Thereafter, due to unavoidable circumstances, he could not appear before the trial Court. Due to which, the trial Court vide order dated 01.08.2022, declared the petitioner as proclaimed offender.
3. Learned counsel for the petitioner inter alia contends that proclamation was issued against the petitioner without following the drill of Section 82 Cr.P.C. and non-compliance of the mandatory provisions vitiates the entire proceedings, which suffers from incurable illegality as he was never served and the impugned order
Issuance of proclamation must adhere to mandatory procedures to ensure fairness and legality, with non-compliance rendering subsequent actions a nullity.
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 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 must record satisfaction before declaring individuals as proclaimed offenders, ensuring compliance with procedural requirements under Section 82 of Cr.P.C.
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....
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
