Punjab-Haryana High Court
Rajinder Kumar vs State Of Punjab on 21 November, 2024
Neutral Citation No:=2024:PHHC:152954
CRM-M-53226
53226-2024 (O&M) -1--
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
118
CRM-M-53226-20242024 (O&M)
Date of decision: 21.11.2024
Rajinder Kumar ...Petitioner
Versus
State of Punjab ...Respondents
...Respondent
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present:- Mr. Deepak Arora, Advocate
for the petitioner.
Ms. Ruchika Sabherwal, Sr. DAG, Punjab.
MANISHA BATRA, J. (Oral)
1. CRM-46166
46166-2024
Allowed as prayed for, subject to all just exceptions.
Documents are taken on record.
2. CRM-M
M-53226-2024 (O&M)
The instant petition has been filed by the petitioner under Section
482 Cr.P.C. for quashing of order dated 12.08.2024, passed by the Chief
Judicial Magistrate,
Magistrate Gurdaspur in case titled as State vs. Rajinder Kumar,
Kumar
arising out of FIR No. 190 dated 12.11.2019
12.11.2019, registered under Sections 279,
427, 337 of IPC at Police Station City Gurdaspur, District Gurdaspur,
Gurdaspur
whereby the petitioner had been declared a proclaimed person.
3. The present petition has been filed by the petitioner on the
grounds and it has been argued by his counsel that the petitioner has been
falsely implicated in this case.
case Challan in the aforesaid case was filed on
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23.06.2020 i.e. during the period of outbre
outbreak of COVID-19
19 pandemic and the
petitioner was not aware about the same. The summons/warrants issued by the
learned trial Court were never received by the petitioner. He had been
declared a proclaimed person without following the proper procedure
prescribed
d under Section 82 Cr.P.C. The petitioner is ready to appear before
the learned trial Court and join the Court proceedings. Hence, it is urged that
the impugned order is liable to be set aside.
4. Learned State counsel,, who has advance notice of the peti
petition,
tion,
has argued that the petitioner was having knowledge about the pendency of
the trial and had intentionally avoided his ap
appearance
pearance before the trial Court,
Court
therefore,
herefore, he was rightly declared a proclaimed person.. Hence, it is urged that
the petition is liable
l to be dismissed.
5. I have heard learned counsel for the parties and have also gone
through the material placed on record.
6. On giving due deliberations to the contentions as raised by
learned counsel for the parties and on an overall perusal of the orders passed
by the trial Court from the date of initiating proceedings under Section 82
Cr.P.C. as against the petitioner till the
the date of declaring him a proclaimed
person,, I am of the considered opinion that the impugned order dated
12.08.2024 suffers from some illegalities and is liable to be quashed with all
the consequential proceedings arising therefrom.
7. There are catena of judgments of different High Courts
discussing the requirements necessary for issuance and publication of
proclamation against an absconder under Section 82 Cr.P.C. and for declaring
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him as a proclaimed person/offender. These requirements have been discu
discussed
ssed
from time to time in Rohit Kumar Vs. Stat
Statee of Delhi : 2008 Crl. J. 2561,
Bishundayal Mahton and others Vs. Emperor : AIR 1943 Patna 366,
Devender Singh Negi Vs. State of U.P. : 1994 Crl LJ (Allahabad HC) 1783,
Gurappa Gugal and others Vs. State of My
Mysore
sore : 1969 CriLJ 826, Shokat Ali
Vs. State of Haryana
na : 2020(2) RCR (Criminal) 339, Dilbagh Singh Vs.
State of Punjab : (P&H) 2015 (8) R.C.R. (criminal) 166, Ashok Kumar Vs.
State of Haryana and another : 2013 (4) RCR (Criminal) 550, Pawan
Kumar Gupta Vs. The State of W.B. : 1973 CriLJ 1368, Birad Dan Vs. State
: 1958 CriLJ 965, Negi alias Debu Vs. State of U.P. and another, 1994 Cri
LJ 1783 and Pal Singh Vs. The State : 1955 CriLJ 318.
8. After going through the material placed on record as well as the
copies of zimni orders passed by the learned trial Court, it is revealed that
summons/bailable warrants issued against the petitioner were received back
either due to incorrect address or his house being locked. Thereafter, on
21.07.2023, since the non-bailable
bailable warrants issued against the petitioner were
received back unserved, the trial Court had ordered for issuance of
proclamation against him for 09.10.2023 at the first instance and thereafter,
due to non-receiving
non receiving of proclamation either served or others, fresh
proclamations were issued against the petitioner
petitioner. A bare perusal of order dated
21.07.2023 shows that the learned trial Court before ordering for publication
of proclamation has not recorded its satisfaction much less proper satisf
satisfaction
action
that that the petitioner had absconded or was concealing himself so that the
warrant of arrest, previously issued, cannot be executed, despite reasonable
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diligence, which was in violation of the provisions of Section 82(1) of Cr.P.C.
Reliance in this
this regard can be placed upon Rohit Kumar Vs. State of Delhi :
2008 Crl. J. 2561.
9. Accordingly, in view of the discussion as made above and also in
view of the ratio of law as laid down in above cited authorities
authorities,, the present
petition is allowed and the impugned order dated 12.08.2024,, passed by the
Chief Judicial Magistrate,
Magistrate Gurdaspur in case titled as State vs. Rajinder
Kumar,, arising out of FIR No. 190 dated 12.11.2019,, registered under
Sections 279, 427, 337 of
o IPC at Police Station City Gurdaspur, District
Gurdaspur, whereby the petitioner had been declared a proclaimed person,
Gurdaspur, person is
quashed with all consequential proceedings arising therefrom.
10. However, the petitioner is directed to surrender before the Court
Cou
concerned within a period of four weeks, subject to order for grant of
anticipatory bail, if any passed on his petition to be filed under Section 482 of
Bharatiya
tiya Nagarik Suraksha Sanhita, 2023
2023.. In the absence of any order for
grant of anticipatory bail and on such surrender, the petitioner shall be liable
to be remanded to judicial custody subject to any order for grant of regular
bail to be passed by the concerned Court in accordance with law.
11. Needless to say that in case any application is fi
filed
led before the
concerned Court for grant of regular bail, then the concerned Court shall be
bound to dispose of the same expeditiously and that nothing in this order shall
be treated as expression of any opinion on merits so as to bind or influence the
concerned
cerned Court in disposal of the same.
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12. Till the appearance of the petitioner before the trial Court, his
arrest shall
hall remain
remai stayed.
13. It is made clear that in case the petitioner fails to appear before
the trial Court within a period of four weeks from today, this petition shall be
deemed to be dismissed.
21.11.2024 (MANISHA BATRA)
Waseem Ansari JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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