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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUKHDEV SINGH – Appellant
Versus
STATE OF HARYANA – Respondent
JUDGMENT :
SUMEET GOEL, J.
Present petition has been filed under Section 528 of the BNSS, 2023/ Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the impugned order dated 23.04.2024 (Annexure P-2) passed by the Judicial Magistrate Ist Class, Assandh, whereby, the petitioner was declared as proclaimed person, in a case arising out of FIR No.1001 dated 11.12.2018, under Sections 341, 384, 451, 506 & 427 of the Indian Penal Code, 1860 (for short ‘IPC’), Section 4 of the Essential Service Maintenance Act and Section 5 of the Telegraph Wires (Unlawful Possession) Act, 1950, registered at Police Station Assandh, Karnal as well as all the subsequent proceedings arising therefrom.
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 FIR in question. Learned counsel has argued that in the present case, the proclamation was issued vide order dated 21.02.2024 for 22.03.2024 and the same was executed on 06.03.2024 and, thus, requi
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.
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