IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.116(2 cases)

Decided On : November 13, 2025 Ashok Singh .... Petitioner vs.

State of Punjab .... Respondent CORAM : HON’BLE MRS. JUSTICE SUKHVINDER KAUR.

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Present : Mr. B. D. Sharma, Advocate for the petitioner.

Mr. P. S. Pandher, AAG, Punjab.

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SUKHVINDER KAUR , J . :

By way of present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the petitioner has approached this Court for quashing the proclamation proceedings/order dated 16.09.2021, passed against him by learned Judicial Magistrate Ist Class, Amritsar, in FIR No.204 dated 05.09.2015, under Sections 420/120-B IPC, registered at Police Station Jandiala Guru, District Amritsar.

Learned counsel for the petitioner contended that compliance of Section 82 Cr.P.C. was not made by the Trial Court. While issuing the proclamation, the Court did not record its satisfaction and the proclamation was issued on the request of SI Manjit Singh. He further contended that the proclamation was not issued at the correct address where the petitioner was residing. In the proclamation, the address of the petitioner was mentioned as House No.2652/56, Gali No.122, Dashmesh Nagar, Gill Road, Ludhiana, whereas his residential address was House No.2632/56, Street No.12, Dashmesh Nagar, Gill Road, Ludhiana. He, therefore, submitted that as such, the petitioner was not properly served in the present case. He also urged that period of 30 days was not given to the petitioner for his appearance before the Trial Court after effecting of proclamation in the present case. He has, thus, prayed that the impugned order dated 16.09.2021, whereby the petitioner has been declared proclaimed person, be set aside/quashed.

As per order dated 01.05.2025 of this Court, the Trial Court sent its report dated 14.05.2025 and also appended along with the same the relevant zimni orders passed by the Trial Court in the present case.

Perusal of order dated 18.01.2019, passed by learned Trial Court reveals that warrants of arrest against the petitioner were ordered for 16.02.2019, which were received back unexecuted. Thereafter, warrants of arrest were again issued on 16.02.2019, for 30.03.2019, which again remained unexecuted. Then, vide order dated 30.03.2019, warrants of arrest were again issued for 30.04.2019 and on 30.04.2019, it was requested by SI Manjit Singh for issuing proclamation against the petitioner and proclamation was ordered to be issued for 31.07.2019. On 31.07.2019, neither any request was made by the prosecution agency nor Investigating Officer appeared. Thereafter, on 20.12.2019, proclamation under Section 82 Cr.P.C. was ordered to be issued against the petitioner for 30.01.2020. On 30.01.2020, proclamation was not received back and fresh proclamation was issued for 28.02.2020. On 28.02.2020, proclamation issued against the accused was received and the case was adjourned to 21.03.2020 for further proceedings. Thereafter, on 05.02.2021, proclamation against the petitioner was issued for 25.03.2021. On 25.03.2021, said proclamation was received back duly effected. Statement of serving official was recorded and case was adjourned to 06.04.2021 for awaiting appearance of the petitioner. Then, on 02.09.2021, case was again adjourned to 16.09.2021 for awaiting appearance of the petitioner. On 16.09.2021, the petitioner was declared proclaimed person. A copy of proclamation has also been placed on record, which reveals that the proclamation had been effected on 15.02.2020 and statement of serving Constable was recorded on 25.03.2021 and petitioner was declared proclaimed person on 16.09.2021. As such, the proclamation was effected on 15.02.2020 and next date for appearance before the Trial Court was 28.02.2020. As such, period of 30 days was not granted to the petitioner for his appearance before the learned Trial Court after effecting of proclamation against him on 15.02.2020. Moreover, as already observed, the