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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NEERJA K.KALSON
............ – Appellant
Versus
............ – Respondent
JUDGMENT :
NEERJA K. KALSON , J.
1. The jurisdiction of this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been invoked for quashing/setting aside the impugned order dated 12.04.2021 (Annexure P-7) passed by Addl. Sessions Judge (Fast Track Spl. Court), Ludhiana, whereby, the petitioner/accused has been declared a ‘proclaimed offender’ in Sessions Case Registration No.SC/141/2017 dated 16.03.2017 ( FIR No. 141 dated 30.11.2016, registered under Sections 363/366-A IPC and Section 12 of the POCSO Act, at Police Station Payal, Police District Khanna, District Ludhiana.
2. Learned counsel for the petitioner submits that the petitioner was in a consensual relationship with Diljot Kaur, who left her parental home on the intervening night of 29.11.2016 and arrived at the petitioner's house, citing her father's objections to their relationship. Her father lodged a complaint, pursuant to which FIR No. 141 dated 30.11.2016 came to be registered under Sections 363/366-A of IPC and Section 12 of the POCSO Act, at Police Station Payal, Police District Khanna, District Ludhiana. Despite his innocence, the petitioner was arrested, subsequently granted regular bail. Post re
The court emphasized the necessity of following proper procedures under Section 82 Cr.P.C. for declaring a person a proclaimed offender, highlighting that non-compliance renders such declarations nul....
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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