Punjab-Haryana High Court
Sangeeta Chopra vs State Of Punjab on 1 June, 2023
2023:PHHC:080659
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-28603-2023
123 Date of decision: 01.06.2023
SANGEETA CHOPRA
...PETITIONER(S)
VERSUS
STATE OF PUNJAB
...RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE GURBIR SINGH
Present: Mr. Bhrigu Dutt Sharma, Advocate
for the petitioner.
****
GURBIR SINGH, J. (ORAL)
Learned counsel for the petitioner inter alia submits that FIR No.61
dated 19.05.2015 (Annexure P-1) under Section 406, 420 and 120-B of IPC
read with Section 24 of Emigration Act, 1983 was registered against the
petitioner and her husband. The petitioner had filed a petition before this
Court seeking anticipatory bail. She was granted interim bail and the same
was made absolute vide order dated 05.10.2015 (Annexure P-3). The challan
was presented only against her husband. During the pendency of challan, her
husband died and proceedings were abated qua him but no challan was
presented against her. As per order dated 26.11.2021 (Annexure P-4),
supplementary challan was presented against the petitioner. Summons were
issued against her, however the same were received back unserved with a
report that house of the petitioner was locked. No attempt was made to give
notice to the petitioner. Vide order dated 30.04.2022 (Annexure P-14) passed
by Additional Chief Judicial Magistrate, notice issued to the petitioner
received back unserved and therefore fresh notice was issued to her through
KUSUM
2023.06.05 15:44 Commissioner of Police for ensuring the service for 13.05.2023. In pursuance
I attest to the accuracy and
authenticity of this order/judgment
Punjab & Haryana High Court, CHD
2023:PHHC:080659
of the order dated 30.04.2022 the notice issued dated 04.05.2022 was issued
to serve the petitioner but it was reported by process serving agency, the
house of the petitioner was found locked and therefore a photocopy of
summons was pasted on the gate of the house of the petitioner. On
13.05.2022, non-bailable warrant of arrest was issued for 09.06.2023 against
the petitioner. Despite this that petitioner could not be served by the process
serving agency due to paucity of time. On 05.07.2022, proclamation process
under Section 82 of Cr.P.C. was issued for 09.08.2022. The report dated
16.07.2022 about effecting proclamation is reproduced below for reference:-
"It is requested that proclamation issued by
the Hon'ble Court was received for effecting service.
Munadi was duly got effected in the Mohalla while
taking along Chowkidar of the Mohalla of Sangeeta
Chopra accused named in the proclamation. One copy of
the proclamation was pasted at the given address of the
accused. Second copy of the proclamation was pasted on
a conspicuous place. Third copy of the proclamation was
pasted on the notice board of your Hon'ble Court.
Original copy of the proclamation is being presented for
further proceedings."
On 09.08.2022, an order was passed by learned trial Court which is
reproduced below for reference:-
"Proclamation issued qua accused Sangeeta
Chopra received back duly executed. Statement of
serving constable is also recorded. Since the period of 30
days has not been elapsed. Now to come up on
16.08.2022 for awaiting appearance of accused Sangeeta
Chopra."
Since there was specific direction in the proclamation order to
appear in the Court on 09.08.2022. On that day, in violation of provisions
Section 82 Cr.P.C., learned trial Court adjourned the case for 16.08.2022
KUSUM
2023.06.05 15:44 observing that period of 30 days has not been elapsed.
I attest to the accuracy and
authenticity of this order/judgment
Punjab & Haryana High Court, CHD
2023:PHHC:080659
It is held by various judgments passed by this Court that there
should be clear notice of 30 days to the accused for appearance in the Court at
the time of effecting proclamation. The petitioner had no knowledge as
regards filing of supplementary challan against her and proclamation was not
conducted as per rules.
Notice of motion.
At the asking of the Court, Mr. Himani Arora, AAG, Punjab,
appears and accepts notice on behalf of respondent No.1-State. A copy of the
paper book be supplied to her during the course of the day.
The order dated 16.08.2022 is passed against provision of Section
82 Cr.P.C. so the same is hereby set aside.
The petitioner is directed to surrender within ten days before the
learned trial Court. Since she was on anticipatory bail so she shall be
released on bail on moving the application for bail on furnishing bail
bonds/surety bonds to the satisfaction of the concerned Trial Court/Duty
Magistrate.
Therefore, present petition disposed of.
(GURBIR SINGH)
JUDGE
01.06.2023
Kusum
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
KUSUM
2023.06.05 15:44
I attest to the accuracy and
authenticity of this order/judgment
Punjab & Haryana High Court, CHD
