IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUNIL KUMAR – Appellant
Versus
STATE OF HARYANA AND ANOTHER – Respondent
JUDGMENT :
SUMEET GOEL, J.
Present petition has been filed under Section 528 of the BNSS, 2023, seeking quashing of impugned order dated 12.03.2025 (Annexure P-9) passed by the learned Judicial Magistrate First Class, Karnal, whereby, the petitioner has been declared as proclaimed person under Section 84(1) of the BNSS, in a complaint case No.NACT-2766-2023 titled “Karamjeet Singh versus Sunil Kumar” and a direction has been issued to the concerned SHO to register an FIR under Section 209 of the BNS, 2023 against the petitioner.
2. Learned counsel for the petitioner has iterated that the impugned order, whereby the petitioner has been declared a proclaimed person, is wholly illegal, arbitrary and unsustainable in the eyes of law. Learned counsel has further iterated that the petitioner has been falsely implicated into the present case. Learned counsel has argued that the impugned order has been passed mechanically and without complying with the mandatory requirements as envisaged under Section 82 of the Cr.P.C. (Section 84 of the BNSS). Learned counsel has iterated that the petitioner was never duly served with the summons or bailable/non-bailable warrants. Learned counsel has furthe
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 declaration of a proclaimed person under Section 82 Cr.P.C. must follow strict procedural requirements, and failure to comply renders the order invalid.
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