IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on : 08.05.2026 Ajay Sood . . . Petitioner Versus State of Punjab . . . Respondents CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Ms. Isha Goyal, Advocate for the petitioner.

Mr. Neeraj Madaan, Sr. DAG, Punjab.

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SANJAY VASHISTH, J. (Oral)

1. By way of present petition filed under Section 528 of BNSS petitioner is seeking quashing/setting aside of order dated 10.10.2025(Annexure P-10), whereby the petitioner has been declared as proclaimed Person/offender in criminal complaint bearing No. COMA No.1543 of 2023 dated 27.09.2023, alongwith consequential proceedings arising therefrom.

2. Learned counsel for the petitioner submits that a criminal complaint bearing No. COMA-1543-2023 was filed by the Drug Inspector- cum-Ex-officio APP against the petitioner and his firm in the year 2023. It is submitted that petitioner was never duly served in the said complaint and that even the bailable or non-bailable warrants, if any, issued against him were never received by the petitioner. Learned counsel further submits that there is no report on record before the learned Trial Court regarding service of notice or execution/service of bailable or non-bailable warrants upon the petitioner, yet he was declared a “Proclaimed Person” vide order dated 10.10.2025.

In such circumstances, learned counsel submits that continuation of proceedings against the present petitioner would amount to an abuse of the process of law. It is further submitted that after the petitioner was declared a proclaimed person, no consequential action has been taken, including registration of any FIR under Section 209 of the BNS (corresponding to Section 174-A IPC).

Learned counsel further submits that the petitioner apprehends his arrest on account of having been declared a proclaimed person. However, he is ready and willing to surrender before the learned Trial Court and join the proceedings so as to facilitate the early conclusion of the case, and undertakes to fully cooperate with the trial proceedings.

It is further submitted that the petitioner’s absence before the learned Trial Court was neither intentional nor deliberate, but occurred due to the reasons stated hereinabove. Lastly, learned counsel submits that if one more opportunity is granted to the petitioner by extending protection from arrest, he undertakes to remain present on all future dates of hearing, unless exempted by the Court, and shall fully cooperate for the expeditious conclusion of the trial.

3. Notice of motion.

4. On asking of the Court, Mr. Neeraj Madaan, Sr. DAG, Punjab, who is present in Court, accepts notice on behalf of the respondent/State.

A copy of the complete paper book has been supplied to him by learned counsel for the petitioner.

5. Learned State counsel opposes the prayer of the petitioner and submits that the petitioner has willfully remained absent from the proceedings before the learned Trial Court and, therefore, does not deserve any leniency. It is contended that the petitioner be directed to surrender before the Court and face trial.

However, learned State counsel fairly confirms that no further consequential action has been taken pursuant to the impugned order, including registration of any FIR under Section 209 of the BNS (corresponding to Section 174-A IPC).

6. I have heard learned counsel for the parties and perused the relevant material on record. It is evident that petitioner is inclined to join the process of law, and by way of present petition, he is seeking one chance to join the proceedings before the learned Trial Court, by abiding to the terms and conditions.

7. In number of cases, wherein, accused stopped appearing in criminal cases, the Courts are compelled to declare accused as ‘Proclaimed Person/Proclaimed Offender’. After examining the facts, this Court has formulated a uniform method to ensure the presence of accused before the concerned Court, to enable it to proceed further instead of delaying the proc