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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Amanpreet Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
SUMEET GOEL, J.
Present petition has been filed under Section 528 of the BNSS, 2023 seeking setting aside of the impugned order dated 06.12.2025 (Annexure P-3) passed by the learned Sub Divisional Judicial Magistrate, Nabha, whereby, the petitioner has been declared as proclaimed person, in complaint case bearing No.CHI/120/2022 titled as “State of Punjab versus Amanpreet Singh”, in FIR No.10 dated 17.01.2022, registered under Sections 406, 420 of IPC, at Police Station Nabha, District Patiala.
2. Learned counsel for the petitioner has contended that the impugned order, whereby the petitioner has been declared proclaimed person, is wholly illegal, arbitrary, and unsustainable in the eyes of law. Learned counsel has argued that non-appearance of the petitioner was an inadvertent mistake, as he could not get to know the date of hearing from his counsel before the Court below, despite making time and again efforts. Learned counsel has submitted that, vide order dated 24.09.2025, the application seeking exemption from personal appearance of the petitioner as well as bail was declined, and the bail bonds were forfeited to the State, with non-bailable warrants having been issued
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....
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 ....
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