The Punjab and Haryana High Court set aside the order passed by the Judicial Magistrate which declared the petitioner as proclaimed offender. The court observed that the purpose of issuance of non-bailable warrants is to compel and secure the presence of the accused to face trial and establish the rule of law for the finalization of proceedings.
Brief Facts:
A petition was filed under Section 482 CrPC for quashing the order passed by the Judicial Magistrate First Class, which declared the petitioner as a proclaimed offender.
Contentions of the Applicant:
The learned counsel of the petitioner argued that the FIR was lodged when the petitioner was not in the country and after returning to India, a compromise was arrived between the parties based on which the petitioner filed a petition which was dismissed as withdrawn in view of the fact that he had been declared a proclaimed offender. It was further argued that the petitioner was declared a proclaimed offender without complying with the procedure as envisaged under Sections 82 and 105 CrPC. It was further contended that the non-appearance of the petitioner before the trial court was neither wilful nor deliberate. Reliance was placed on the judgment in Gurbir Singh Mundi vs. State of Punjab and Anr. and Narinder Kaur vs. State of Punjab and Ors. in support of the arguments.
Contentions of the Respondent:
The learned counsel appearing for the state opposed the petition on the grounds of the impugned order being legal and valid and as a rightfully passed order by the trial court on account of the non-appearance of the petitioner.
Observations of the Court:
The court relied on the judgments in Gurbir Singh Mundi vs. State of Punjab and Anr. which held that provisions of Section 82(2) Cr.PC. are to be mandatorily complied with cumulatively and not alternatively and Narinder Kaur vs. State of Punjab and Ors. which granted bail to the petitioner after she was declared a proclaimed person while she was living abroad.
It was observed that the very purpose of issuance of non-bailable warrants is to compel and secure the presence of the accused to face trial and establish the rule of law to ensure the finalization of the proceedings.
The court further stated that the proclamation proceedings initiated against the petitioner without effecting service upon him were not justified however it was still incumbent for him to join the same for its culmination. After considering that the petitioner's absence was neither wilful nor deliberate and his willingness to surrender, the court granted him one opportunity to surrender before the trial court.
The decision of the Court:
The court allowed the petition and set aside the order passed by the Judicial Magistrate.
Case Title: Yashpal Singh @ Jaspal Singh vs. State of Punjab
Coram: Hon’ble Mr. Justice Aman Chaudhary
Case No.: CRM-M-29207-2023 (O&M)
Advocate for the Applicant: Mr. Kuldeep Singh
Advocate for the Respondent: Mr. Kamalpreet Bawa, AAG Punjab
Read Judgment @LatestLaws.com
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