Punjab-Haryana High Court
Deep Pal Singh vs Salinder Singh And Another on 8 December, 2023
REENA
2023:PHHC:159254
116
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No. M-61444 of 2023
Date of Decision: December 08, 2023
Deep Pal Singh
sevens Petitioner
versus
Salinder Singh and another
seve Respondents
CORAM: HON'BLE MR.JUSTICE HARPREET SINGH BRAR
kK
Present:- Mr. Abhinav Gupta, Advocate
for the petitioner
2k
Harpreet Singh Brar, J. (Oral)
1. The petitioner has approached this Court under Section 482 Cr.P.C.
seeking quashing of criminal complaint bearing No. COMI/2639/2013 dated
23.05.2008 (Annexure P-1) and order dated 07.02.2015 (Annexure P-2) vide which
the petitioner was summoned and order dated 06.04.2015 (Annexure P-4) whereby
the petitioner was declared as proclaimed person.
2. Learned counsel appearing for the petitioner inter alia contends that
the aforementioned complaint has been filed under Sections 324/323/506/341/326
IPC against the petitioner and two others alleging that on 17.01.2008 at about
10.40 a.m. when the complainant was going to his fields, all the accused were
digging pits in the passages. When the complainant stopped them and requested
them not to dig pits in the passage as the civil suit was pending in the Court. The
petitioner then lifted a kirpan and raised lalkara. On hearing said lalkara,
Sukhminder Singh @ Sonu and Nikka, who were armed with the dangs attacked
the complainant. Nikka gave a dang blow which hit the complainant above the
forehead towards the right side, then Nikka gave his dang blow which hit the
complainant on his back and the petitioner gave a kirpan blow on the head of the
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2023:PHHC:159254
complainant. When the complainant tried to rescue himself, he raised his right
arm upwards, the kirpan blow hit the complainant on the right arm. To save
himself, the complainant hide himself in a tube well room, thereafter by arranging
vehicle he got admitted in Civil Hospital, Hoshiarpur. On the statement of the
complainant, FIR No. 4 dated 18.01.2008 was registered under Sections 324, 323,
506, 34 IPC at Police Station Mehtiana. The police has not added the offence
under Section 326 IPC and has not yet arrested the accused in the present FIR.
Thereafter, the complaint (supra) was filed. Vide order dated 24.02.2015, the
summons were issued to the petitioner but received back with the report that he is
residing abroad. Thereafter, the petitioner was summoned through publication in
newspaper "English Tribune". Vide order dated 06.04.2015, the petitioner was
declared proclaimed person.
3. Learned counsel appearing for the petitioner submits that the
impugned order is liable to be set aside on the sole ground that the petitioner was
residing abroad when the summons were issued against him, therefore, declaring
him as proclaimed person by issuing publication in local newspaper is illegal.
4. I have heard learned counsel for the petitioner and perused the record
of the case with his able assistance.
5. While the scheme of criminal justice system necessitates curtailment
of personal liberty to some extent, it is of the utmost importance that the same is
done in line with the procedure established by law to maintain a healthy balance
between personal liberty of the individual-accused and interests of the society in
promoting law and order. Such procedure must be compatible with Article 21 of
the Constitution of India i.e. it must be fair, just and not suffer from the vice of
arbitrariness or unreasonableness.
6. This Court in the judgment passed in Major Singh @ Major Vs. State
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of Punjab 2023 (3) RCR (Criminal) 406; 2023 (2) Law Herald 1506 has held that
the Court is first required to record its satisfaction before issuance of process under
Section 82 Cr.P.C. and non-recording of the satisfaction itself makes such order
suffering from incurable illegality. In the judgment passed by this Court in Sonu
vs. State of Haryana 2021 (1) RCR (Cri.) 319, it has been held that the conditions
specified in Section 82 (2) Cr.P.C. for the publication of a proclamation against an
absconder are mandatory in nature. Any non-compliance therewith cannot be cured
as an 'irregularity' and renders the proclamation as nullity.
7. The sole purpose of issuance of non-bailable warrants or issuance of
proclamation is to secure presence of the accused before the trial Court.
8. In view of the aforesaid facts and circumstances, the impugned order
dated 06.04.2015 (Annexure P-4) vide which the petitioner was declared
proclaimed person is set aside. The petitioner is directed to surrender before the
trial Court within two months and apply for grant of regular bail. On his doing so,
the Court concerned shall admit him to bail subject to furnishing bail bonds and
surety bonds to its satisfaction along with costs of Rs. 20,000/- for wasting
precious time of the Court to be deposited with the PGI Poor Patients Welfare
Fund, Chandigarh.
9. Needless to say, in case the petitioner fails to comply with the above
said direction, the order passed by this Court today shall stand automatically
vacated.
10. The instant petition stands disposed of in above terms.
(HARPREET SINGH BRAR)
December 08, 2023 JUDGE
reena
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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