Punjab-Haryana High Court
Jhirmal Singh Through His Spa Buta ... vs State Of Punjab on 4 September, 2023
Neutral Citation No:=2023:PHHC:116129
2023:PHHC:116129
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
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275 (02 cases) CRM-M-28984-2023
Date of Decision.:04.09.2023
Jhirmal Singh through his lawful attorney Buta Singh @ Butta Singh
Petitioner
Vs.
State of Punjab
Respondent
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present: Mr. M.S. Rana, Advocate for the petitioner.
Mr. Parneet Singh Pandher, AAG, Punjab.
Ms. Nisha Rana, Advocate for respondent No.2.
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DEEPAK GUPTA, J. (ORAL)
On 25.07.2023, following order was passed by this Court:-
"The present petition has been filed through lawful attorney.
Learned counsel has referred to a Division Bench judgment of this Court
rendered in Mangal Dass Gautam and others Vs. State of Haryana and
others- CRM-M-6890 of 2013, decided on 01.06.2018 whereby petition
under Section 482 Cr.P.C filed through Power of Attorney was held to be
maintainable.
Prayer in this petition filed under Section 482 Cr.P.C is for setting
aside the impugned order dated 14.05.2019 (Annexure P.1) passed by
learned Judicial Magistrate Ist Class, Dasuya, whereby the petitioner has
been declared as proclaimed offender in a case arising out of FIR No.150
dated 18.09.2017 (20.10.2017) registered under Sections 323, 452, 427,
148, 149 IPC at Police Station Dasuya, District Hoshiarpur along with all
consequential proceedings including under Section 174-A IPC.
Notice of motion.
Mr. R.S. Khaira, DAG, Punjab, accepts notice on behalf of the
respondent- State. Ms. Nisha Rana, Advocate, appears for the complainant.
Attention is drawn by learned counsel towards order
dated 12.03.2019 (Annexure P.4) passed by learned Sub Divisional
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Neutral Citation No:=2023:PHHC:116129
Judicial Magistrate, Dasuya, as per which on receipt of warrants of arrest
as unexecuted, proclamation was ordered to be issued for 12.04.2019. The
executing police official, published the proclamation on 11.04.2019 as per
his statement Annexure P.5 and thus, there was only one day left for
appearance on 12.04.2019 as the proclamation was for 12.04.2019.
Noticing that period of thirty days had not elapsed on 12.04.2019, the
Court on that day adjourned the matter for 14.05.2019 and then on
14.05.2019, declared the petitioner as proclaimed offender.
It is rightly contended by learned counsel that since there was no
proclamation for 14.05.2019, therefore, he has been illegally declared as a
proclaimed offender and thus, impugned order is per-se illegal being in
violation of Section 82 Cr.P.C. As such, order dated 14.05.2019 is hereby
set aside along with all the consequential proceedings arising therefrom.
Learned counsel also submits that the petitioner shall surrender
before the trial Court within a period of 40 days.
Adjourned to 04.09.2023.
In the meantime, petitioner shall surrender before the trial Court.
Since the impugned order whereby the petitioner was declared as
proclaimed offender has been set aside, therefore, it is directed that on
appearance of the petitioner before the trial Court, petitioner shall be
admitted to bail to the satisfaction of learned trial Court/ Duty
Magistrate."
Today learned counsel for the petitioner has placed on record copy
of the order dated 18.08.2023 passed by Judicial Magistrate 1st Class, Dasuya to
show that petitioner had surrendered before the Trial Court and was allowed bail.
In view of the above, the present petition is hereby disposed of, as
the order declaring the petitioner as proclaimed person, has already been set aside
along with all the consequential proceedings as per the order dated 25.07.2023.
( DEEPAK GUPTA )
September 04, 2023 JUDGE
Neetika Tuteja
Whether Speaking/reasoned Yes/No Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:116129
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