125-2 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-12169-2025 (O&M)

Decided on 22.01.2026 PARAMJIT SINGH ..... PETITIONER VERSUS STATE OF PUNJAB AND ANOTHER .......RESPONDENTS CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Ankit Gupta, Advocate for the petitioner.

Mr. Sukhbeer Singh, DAG, Punjab.

SHALINI SINGH NAGPAL J.

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1. Paramjit Singh, accused in criminal case arising out of FIR No.65 dated 13.06.1999 under Section 354, 506 and 34 Indian Penal Code, Police Station Garhshankar, District Hoshiarpur, has filed this petition under Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 for quashing order dated 02.06.2023 of learned ACJ(SD), SDJM, Garhshankar, declaring him “proclaimed offender”.

2. Learned counsel for the petitioner submits that earlier petitioner was declared proclaimed offender on 11.03.2000. He filed a quashing petition wherein he was directed to surrender before the trial Court within two weeks. He surrendered before the trial Court and was granted bail on 05.10.2019. The matter was compromised with the complainant and a quashing petition, on the basis of compromise was filed but was dismissed when complainant resiled from the compromise. Thereafter, petitioner absented and his bail was cancelled on 26.03.2021. The non-bailable warrants issued against him were not executed and proceedings under Section 82 Cr.P.C. were initiated without following the procedure prescribed under the Code of Criminal Procedure. Mandatory period of 30 days under Section 82 Cr.P.C. was not afforded to the petitioner to appear before the trial Court and he was wrongly declared proclaimed offender. On this ground alone, impugned order dated 02.06.2023 was liable to be set aside.

3. Notice of motion.

4. Mr. Sukhbeer Singh, DAG, Punjab, accepts notice on behalf of respondent No.1-State. He submits that despite publication of the proclamation, petitioner failed to appear before learned ACJ(SD), SDJM, Garhshankar and was rightly declared proclaimed person. Supporting the order of learned trial Court dated 02.06.2023, he prayed for dismissal of the petition.

5. Section 82 Cr.P.C. which provides for publication of proclamation against a person absconding is reproduced hereunder for the facility of reference:-

—(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.

(2) The proclamation shall be published as follows:-

(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;

(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;

(c) a copy thereof shall be affixed to some conspicuous part of the Court-house;

(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.

(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day. 50 1 [(4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code (45 of 1860), and such person fails to appear at the specified place and time required by the proclamation, the Court may, after ma