Punjab-Haryana High Court
Lovepreet Singh Alias Love vs State Of Punjab on 20 January, 2025
Neutral Citation No:=2025:PHHC:007906
CRM-M-38048-2024 (O&M) -1-
211 IN THE HIGH COURT OF PUNJAB AND HARYANA
CHANDIGARH
CRM-M-38048-2024 (O&M)
Date of Decision: 20.01.2025
LOVEPREET SINGH @ LOVE
...Petitioner
V/S
STATE OF PUNJAB ...Respondent
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Malkiat Singh Hundal, Advocate
for the petitioner.
Mr. Sandeep Kumar, DAG Punjab
****
HARPREET SINGH BRAR J. (Oral)
1. The present petition has been filed under Section 528 of BNSS
seeking quashing of order dated 22.05.2024 (Annexure P-4) passed by
learned Judicial Magistrate Ist Class, Amritsar in FIR No. 30 dated
20.01.2022 registered under Section 61 of Punjab Excise Act registered at
Police Station Maqboolpura, District Amritsar.
2. The following order was passed on 07.08.2024:
"Petitioner seeks quashing of impugned order
dated 22.5.2024 (Annexure P-4) vide which he has been
declared a 'proclaimed person'.
A perusal of the photocopy of statement dated
07.03.2024 (Annexure P-5) of serving official Sandeep
Singh shows that he has stated that he had visited the
premises on 07.02.2024 for the purpose of effecting
proclamation and had effected the same. However, in the
later part of the statement, he has proved the proclamation
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report dated 07.03.2024 as Ex.PB/1. It remains
unexplained as to why the proclamation report was
prepared one month later i.e. on 07.03.2024 when
proclamation had been effected on 07.02.2024.
Learned counsel for the petitioner is directed
to place on record a fresh copy of statement of the serving
official and also to place on record a report of the serving
official (Ex.PB/1) so that the aforesaid inconsistency may
be clarified.
List again on 12.9.2024.
Needless to mention, it shall always be open to
the petitioner to surrender before the trial Court and to
apply for grant of regular bail."
3. Learned counsel for the petitioner submits that the impugned
order has been passed without following the mandate of Section 82 (1) of
Cr.P.C. in its letter and spirit by the trial Court. It is also submitted that the
petitioner undertakes to appear before the trial Court on each and every
date.
4. I have heard learned counsel for the petitioner and perused the
record of the case with his able assistance and with the consent of parties,
the matter is taken up for final disposal.
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
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procedure must 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. 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.
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. The petitioner in the present case has himself come forward and
has undertaken to appear before the trial Court on each and every date.
8. In view of the above, the impugned order dated 22.05.2024
(Annexure P-4) vide which the petitioner was declared proclaimed person
is hereby set aside along with all consequential proceedings arising
therefrom. The petitioner is directed to appear before the trial Court within
two weeks and on his doing so, he shall be admitted to bail on his
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furnishing bail bonds and surety bonds to the satisfaction of the trial Court,
along with costs of Rs.10,000/- to be deposited with All Indian Pingalwara
Charitable Trust, Amritsar, for wasting precious time of the Court.
9. The present petition is disposed of accordingly.
(HARPREET SINGH BRAR)
20.01.2025 JUDGE
Ajay Goswami
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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