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Order Quashed by Punjab and Haryana High Court
In a significant ruling aimed at streamlining the judicial process, the has set aside an order declaring an NRI residing in the United States as a "." Justice Sanjay Vashisth emphasized that judicial energy should be focused on concluding trials rather than on the cumbersome enforcement of mechanisms against absconding accused in every instance.
Case Background The petitioner, Paramjit Kaur, had been declared a "" on , by the , in connection with an registered in involving charges under the (now corresponding to the ).
The petitioner contended that she had been a long-term resident of the USA since the year and was unaware of the pendency of the case. She argued that the proclamation proceedings were initiated against her without following the mandatory procedure for serving summons or warrants in foreign jurisdictions. Having faced prior unsuccessful legal challenges regarding the status, the petitioner sought relief once more, offering to submit to the trial court's jurisdiction.
Arguments Presented Counsel for the petitioner argued that the lower court’s order was passed in a "mechanical manner." It was specifically highlighted that the authorities failed to invoke the procedure prescribed under (now ) for executing warrants upon individuals residing outside India.
Conversely, the State opposed the plea, asserting that the accused had knowingly evaded the judicial process and that there was no guarantee she would cooperate if granted relief. The State cautioned that leniency could set a precedent that encouraged further delays in judicial proceedings.
Legal Analysis and Observations Justice Sanjay Vashisth examined the tension between enforcing the presence of an accused and the necessity of trial efficiency. The court observed that while it is vital to secure the presence of the accused, the primary objective of any court must be the timely resolution of the core dispute.
Referencing established judicial practice, including the judgment in , the High Court noted:
"The required energy and manpower be used for expediting the proceedings of the Court, instead of running after the accused persons to get hold of them."
The Court further observed:
"Primary object of every Court is only to examine the commission of crime in question... and if possible justice be imparted at the earliest without unnecessary delay."
The High Court took note of the fact that as soon as the petitioner became aware of the status of the proceedings, she took steps to approach the High Court, which demonstrated a genuine inclination to participate in the trial.
Final Order The High Court granted the petitioner a singular opportunity to surrender before the trial court on or before . The order declaring her a "" was set aside, subject to the following conditions:
- Bail and Undertaking : The petitioner must furnish fresh and submit an undertaking that she will appear at every subsequent hearing.
- Cost Imposition : To account for the inconvenience caused by her absence, the petitioner was ordered to pay a cost of ₹50,000, to be donated to an Old Age Home as directed by the trial court.
This ruling reinforces a pragmatic approach to criminal litigation, signaling that while the law demands accountability, the courts remain focused on the overarching goal of efficient justice delivery.
