Punjab-Haryana High Court
Arjun Singh Alias Arjan vs State Of Punjab on 13 March, 2024
Neutral Citation No:=2024:PHHC:036210
2024:PHHC:036210
263 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-52677-2023
Date of decision: 13.03.2024
ARJUN SINGH ALIAS ARJAN
...PETITIONER
V/S
STATE OF PUNJAB
...RESPONDENT
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Neeraj Yadav, Advocate
for the petitioner.
Mr. Rishabh Singla, AAG, Punjab.
****
HARPREET SINGH BRAR J. (ORAL)
This is a petition filed under Section 482 Cr.P.C. for quashing of
order dated 16.09.2023 (Annexure P-3), whereby, the petitioner has been
declared as proclaimed person in case FIR No.96 dated 09.05.2022 under
Sections 307, 323, 506, 34 of Indian Penal Code, 1860, and Section 25 of Arms
Act, 1959, registered at Police Station Chheharta, Amritsar.
2. On 17.10.2023, the following order was passed :
"This is a petition filed under Section 482
Cr.P.C. for quashing of order dated 16.09.2023 (Annexure
P-3) whereby the petitioner has been declared as
proclaimed person in case FIR No.96 dated 09.05.2022
under Sections 307, 323, 506, 34 of Indian Penal Code,
1860, and Section 25 of Arms Act, 1959, registered at
Police Station Chheharta, Amritsar.
Learned counsel for the petitioner submits
that the petitioner has joined investigation and no specific
role was attributed to him in the occurrence. He was
informed that notice would be sent to him when the final
report under Section 173 Cr.P.C. is filed in the concerned
Court. He further submits that petitioner was never served
and thus, had no occasion to present himself before the
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Court. The petitioner never had intention to avoid the due
process of law. It is further submitted that order declaring
petitioner as proclaimed person the does not record that he
had absconded or is concealing himself so that warrant
could not be executed. Thus, the process issued under
Section 82 Cr.P.C. is not sustainable. Petitioner is ready to
surrender and join proceedings and abide by any condition
that may be imposed by the Court.
Notice of motion returnable for 12.12.2023.
Mr. Amish Sharma, AAG, Punjab, puts in
appearance on behalf of respondent, pursuant to advance
copy of the petition having been sent in this case. Learned
State counsel on instructions from ASI Manjeet Singh,
submits that there were three accused in the present case.
Challan was presented against co-accused Gagandeep
Singh @ Gagan, who is facing trial whereas co-accused
Kamal Masih along with the petitioner were declared as
proclaimed persons.
Learned State counsel is not in a position to
refute the aforesaid position from instructions so received
and is further not able to specify the date when the process
was issued and publication effected thereof. He seeks time
to file reply/status report.
In the meanwhile, petitioner is directed to
surrender before the Trial Court on 25.10.2023 and on
doing so, he shall be admitted to interim bail to the
satisfaction of the Trial Court.
To enable the petitioner to put in appearance
before the Court below, his arrest pursuant to the impugned
proceedings shall remain stayed till 25.10.2023.
Needless to observe that in case the petitioner
fails to comply with the above said direction, the protection
granted herein shall cease to exist."
3. In compliance of the aforementioned order, the petitioner
has put in appearance before the learned Judicial Magistrate Ist Class, Amritsar
and has furnished his surety/bail bonds.
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4. A perusal of the impugned order reveals that the trial Court issued
proclamation without recording reasons of its belief that the petitioner has
absconded or is concealing himself. This Court in the judgment passed in
Major Singh @ Major Vs. State 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 of 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 (Crl.) 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. Any non-compliance therewith cannot be cured as an
'irregularity' and renders the proclamation and proceedings subsequent thereto
a nullity.
5. The sole purpose of issuance of non-bailable warrants or issuance
of proclamation is to secure presence of the accused before the trial Court. The
petitioner in the present case has himself come forward and has undertaken to
appear before the trial Court on each and every date.
6. In view of the aforesaid facts and circumstances, the present
petition is allowed, the impugned order dated 16.09.2023 (Annexure P-3) vide
which, the petitioner was declared proclaimed person, is set aside. Order dated
17.10.2023 of this Court, is hereby made absolute.
7. Present petition stands disposed of accordingly.
(HARPREET SINGH BRAR)
March 13, 2024 JUDGE
manisha
(i) Whether speaking/reasoned Yes/No
(ii) Whether reportable Yes/No
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