IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 05.03.2025 Sharanjeet Kaur @ Sharanjit Kaur ... Petitioner Versus State of Punjab … Respondents CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present : Mr. Ramnish Puri, Advocate, for the petitioner.

Mr. I.P.S. Sabharwal, DAG, Punjab.

N.S.SHEKHAWAT , J. (Oral)

1. The petitioner has filed the present petition under Section 482 Cr.P.C. with a prayer to quash the order dated 02.01.2014 (Annexure P-1) passed by the Court of Additional Chief Judicial Magistrate, Amritsar, whereby, the petitioner has been declared as proclaimed person. A further prayer has been made to quash the FIR No. 41 dated 05.04.2019 under Section 174-A IPC registered at Police Station Kathu Nangal, District Amritsar (Annexure P-2) and charge sheet under Section 173 Cr.P.C. dated 09.07.2021 (Annexure P-3) and all consequential proceedings arising therefrom.

2. Learned counsel for the petitioner contends that the petitioner was falsely involved in a FIR No. 17 dated 03.04.2012 under Section 420 IPC registered at Police Station Kathu Nangal and was not aware of the proceedings arising out of the said FIR. However, the trial Court vide order dated 17.09.2013 observed that the petitioner/accused has not been served in the case and the non-bailable warrants of arrest may be issued for 30.09.2013. Again on 30.09.2013, the Court of ACJM, Amritsar, observed that the accused was absconding or concealing to avoid of execution of warrants of arrest and proclamation of the petitioner was ordered to be issued for 28.10.2013. On 28.10.2013, the proclamation against the petitioner was received back duly affected on 28.10.2013 itself. Since, the statutory period of 30 days for appearance of the petitioner/accused was yet to elapse, consequently, the case was adjourned to 19.12.2013 for awaiting the appearance of the petitioner. Again, on 19.12.2013, the case was adjourned to 02.01.2014 for awaiting the presence of the accused as the 30 days stipulated period had not yet expired. On 02.01.2014, the petitioner was declared as proclaimed person in terms of Section 82(1) of Cr.P.C. Further in compliance of order dated 02.01.2014 (Annexure P-1), the trial Court also ordered the registration of the FIR under Section 174-A IPC against the petitioner and, accordingly, FIR No. 41 dated 05.04.2019 under Section 174-A, Police Station Kathu Nangal (Annexure P-2) was registered against the petitioner illegally. Now, the police has presented a challan (Annexure P-3) and all proceedings arising out of the FIR (Annexure P-2) and challan (Annexure P-3) are required to be set-aside by this Court.

3. On the other hand, learned State counsel had vehemently opposed the submissions made by learned counsel for the petitioner on the ground that the petitioner had intentionally not appeared before the trial Court for several months and is not entitled for any relief. It was submitted that the petitioner had the knowledge of pendency of the proceedings against him, however, he chose not to appear before the trial Court and the petition is liable to be dismissed. However, learned State counsel could not rebut the factual submissions made by learned counsel for the petitioner in the present case.

4. I have heard learned counsel for the parties and perused the record.

5. It has been held by this Court in the matter of Ashok Kumar Vs. State of Haryana and Anr.2013(4) RCR (Criminal) 550 as under:

3.“As per order dated 04.01.2013 passed by the learned Additional Chief Judicial Magistrate, Panipat the case has been adjourned for 06.03.2013 for issuing of proclamation under Sections 82 and 83 Cr.P.C.against petitioner Ashok Kumar. The order dated 06.03.2013, shows that proclamation issued against Ashok Kumar received back duly executed. Statement of Serving Constable was also recorded. Period of 30 days had not elapsed from the date of publication. Therefore, the case was adjourned to 13.3.2013. On that day, the petitioner was declared as proclaim