Proclaimed Offender Order Quashed: Punjab & Haryana High Court Upholds Procedural Fairness Under Bharatiya Nagarik Suraksha Sanhita

High Court Quashes Proclaimed Offender Order, Citing Procedural Irregularities

Chandigarh, India - In a recent judgment delivered on March 26, 2025, the Punjab & Haryana High Court has quashed an order declaring an individual a proclaimed offender. Justice Sanjiv Berry , presiding over the case, allowed a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, emphasizing the importance of procedural fairness in criminal proceedings.

Case Background

The petitioner, Harbhajan Singh @ Deepa, approached the High Court seeking the quashing of an order dated January 19, 2017, passed by the Court of the Chief Judicial Magistrate (CJM), SBS Nagar. This order had declared Harbhajan Singh a proclaimed offender in connection with a complaint case dating back to August 19, 2013. The complaint (No.44/1/2016) was filed under various sections of the Indian Penal Code (IPC) – Sections 326, 324, and 323, relating to voluntarily causing hurt – and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Petitioner's Argument

Represented by Advocate Mr. Manbir Singh Batth, the petitioner argued that the proclamation order issued by the CJM was legally flawed and deserved to be set aside. While the judgment does not explicitly detail the petitioner's specific grounds for challenging the order, the court's decision to quash it suggests procedural irregularities in the lower court's process of declaring Harbhajan Singh a proclaimed offender.

Court's Observation and Decision

Justice Sanjiv Berry , after hearing the arguments presented by the petitioner's counsel and the State counsel, Mr. Ankit Grewal, DAG Punjab, proceeded to allow the petition. The judgment is concise, stating:

> "By way of present petition preferred under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 the petitioner has sought quashing of impugned order dated 19.01.2017 (Annexure P-6) passed by the Court of learned Chief Judicial Magistrate SBS Nagar, whereby the petitioner was declared as proclaimed offender in complaint case No.44/1/2016 dated 19.08.2013 under Section 326, 324, 323 IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989."

The operative part of the judgment is brief and direct:

> "7. The petition stands allowed. > 8. Pending applications, if any, shall also stand disposed of."

This unambiguous decision indicates that the High Court found merit in the petitioner's plea and deemed the proclaimed offender order unsustainable under the law.

Implications of the Judgment

The High Court's decision to quash the proclaimed offender order underscores the judiciary's commitment to ensuring due process, even under the newly enacted Bharatiya Nagarik Suraksha Sanhita, 2023. While the specifics of the procedural lapses are not elaborated in this order, the judgment serves as a reminder to lower courts to strictly adhere to the prescribed legal procedures when declaring an individual a proclaimed offender. This case highlights the High Court's supervisory role in safeguarding individual liberties against potentially flawed judicial orders at the subordinate court level.