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2026 Supreme(Online)(P&H) 1137

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ASHOK – Appellant
Versus
STATE OF HARYANA – Respondent


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 16.01.2026 Pronounced on: 30.01.2026 Ashok ......Petitioner Versus State of Haryana ...... Respondent CORAM: HON'BLE MR.JUSTICE SURYA PARTAP SINGH Present: Mr. Amit Chahal, Advocate for the petitioner.

(through hybrid mode).

Ms. Deepali Verma, AAG, Haryana.

SURYA PARTAP SINGH , J. (Oral) :

By virtue of present petition, filed under Section 528 of the ‘Bharatiya Nagarik Suraksha Sanhita 2023’, hereinafter referred to as “BNSS” only, the order dated 22.03.2017 (Annexure P-7), hereinafter being referred to as ‘impugned order’, passed by the learned Sub Divisional Judicial Magistrate, Tosham, hereinafter being referred to as “trial Court”, is under challenge.

2. By virtue of abovementioned order, the learned trial Court while holding a trial for the commission of offence punishable under Sections 147, 148, 283 and 427 of Indian Penal Code, hereinafter being referred to as ‘IPC’, and Section 3 of Prevention of Damage to Public Property Act 1984, has declared the petitioner to be a proclaimed person.

3. In nut-shell, the facts emerging from record are that the petitioner was facing a trial for the commission of offence punishab

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