CRM-M-4172 IN T 287 SAMSHER S STATE OF CORAM:- HO Present: RUPINDERJ 1. Bharatiya Nag dated 08.07.20 has declared th 2. filed an applic 1973, seeking He further sub bearing No. C was summone 41723-2025 1 IN THE HIGH COURT OF PUNJ AT CHANDIGAR ER SINGH Versus OF PUNJAB AND ANOTHER HON'BLE MS. JUSTICE RUPI Mr. Ambanshu Sahni, Advocate for the petitioner. Ms. Aiman J. Chishti, AAG, Punj ***** DERJIT CHAHAL, J. (ORAL) The present petition has been pref a Nagarik Suraksha Sanhita, 2023, .07.2022 (Annexure P-10), whereby t ared the petitioner as a proclaimed per Learned counsel for the petitioner application under Section 156(3) of th eking issuance of directions to the S er submits that the said application w No. COMI/41/2019, and the petition moned to face trial vide order dated PUNJAB & HARYANA IGARH CRM-M-41723-2025 Date of decision: 17.02.2026 &.Petitioners ....Respondents RUPINDERJIT CHAHAL ocate , Punjab. en preferred under Section 528 of the 2023, assailing the impugned order ereby the learned JMIC, Gidderbaha person. ner submits that respondent No.2 ) of the Code of Criminal Procedure, the SHO, Kotbhai (Annexure P-1). tion was treated as a complaint case etitioner along with the co-accused dated 18.01.2020 (Annexure P-2). It ners s f the order baha 2 dure, 1). case used It GURPREET 2026.02.25 09:02 I attest to the accuracy and authenticity of this document. CRM-M-4172 is further subm Court seeking 2020, wherein same relief wa further submit between the pa 3. notice/warrant statement of requirements o with. He furth trial Court on of the said ord 4. 5. respondent-Sta petitioner deli option but to is 6. record. 7. personal libert procedure esta reasonable in t 41723-2025 2 r submitted that thereafter, the petiti eking the concession of anticipatory b herein the co-accused was granted a lief was declined to the petitioner (An ubmits that a compromise dated 20.05 the parties (Annexure P-11). He further argued that petitione arrant. The impugned order has b t of serving official (Annexure P ents of section 82 Cr.P.C. (section 8 e further submits that the petitioner un urt on each and every date of hearing. id order. Notice of motion. Ms. Aiman J. Chishti, AAG, Punj State and supports the impugne r deliberately avoided appearance, le ut to issue proclamation to secure his p I have heard learned counsel fo The criminal justice system, tho l liberty, mandates that such deprivatio re established by law. The said proc le in terms of Article 21 of the Consti petitioner approached the Hon9ble atory bail by way of CRM-M-8930- nted anticipatory bail, whereas the er (Annexure P-3). Learned counsel 20.05.2025 has since been effected titioner was never served with any has been passed on the basis of re P-5) and it is amply clear that ion 84 BNSS) were not complied ner undertakes to appear before the aring. Hence, he prays for quashing , Punjab, accepts notice on behalf of pugned order, contending that the nce, leaving the trial Court with no re his presence. sel for the parties and perused the , though permitting curtailment of rivation must strictly conform to the d procedure must be fair, just, and Constitution of India. n9ble - s the unsel ected any is of that plied e the hing lf of t the h no the nt of o the , and GURPREET 2026.02.25 09:02 I attest to the accuracy and authenticity of this document. CRM-M-4172 8. titled "Anita S summarized th 41723-2025 3 A co-ordinate Bench of this C ita Sharma v. State of Punjab ", da ized the essential requirements of Sect "(i) Prior issuance of war sine qua non for issua proclamation and the Cou arrest against the person c State of Delhi: 2008 Crl. report before the Court t warrant was issued ha concealing himself so that be executed against him. bound to take evidence in Proclamation under Sectio Rohit Kumar v. State of De Court cannot issue the P course because the Police i be prima facie satisfied tha is concealing himself so previously issued, cannot b diligence. (See Bishunda Emperor: AIR 1943 Patna v. State of U.P.: 1994 Crl The requisite date and p specified in the proclamat appear on such date at th must not be less than 30 issuance an publication GurappaGugal and others 826 and Shokat Ali v. St (Criminal) 339). (v) Where and publication of the pr date of hearing is less t cannot be declared a procl proclamation has to be iss Dilbagh Singh v. State of (criminal) 166 and Ashok K another : 2013 (4) RCR Proclamation has to be p down in Section 82(2) of th proclamation has to be conspicuous place of the accused ordinarily reside affixed to some conspic homestead in which the ac some conspicuous place thereafter a copy of the pro this Court in CRM-M-14175-2021 , date of decision 26.03.2021, has f Section 82 Cr.P.C. as under:- warrant of arrest by the Court is ssuance and publication of the Court has to first issue warrant of on concerned. (See Rohit Kumar v. rl. J. 2561). (ii) There must be a rt that the person against whom had absconded or had been that the warrant of arrest could not him. However, the Court is not e in this regard before issuing a ection 82(1) of the Cr.P.C.. (See f Delhi:2008Crl. J. 2561). (iii) The he Proclamation as a matter of lice is asking for it. The Court must d that the person has absconded or f so that the warrant of arrest, ot be executed, despite reasonable undayal Mahton and others v. atna 366 and Devender Singh Negi Crl LJ (Allahabad HC) 1783). (iv) d place for appearance must be amation requiring such person to at the specified place. Such date 30 clear days from the date of tion of the proclamation. (See hers v. State of Mysore 1969 CriLJ . State of Haryna: 2020(2) RCR here the period between issuance e proclamation and the specified ss than thirty days, the accused roclaimed person/offender and the e issued and published again. (See of Punjab (P&II): 2015 (8) RCR ok Kumar v. State of Haryana and RCR (Criminal) 550) (vi) The be published in the manner laid of the Cr.P.C. For publication, the be first publicly read in some the town or village in which the sides; then the same has to be spicuous part of the house or e accused ordinarily resides or to ce of such town or village and e proclamation has to be affixed to 21 , has t is the t of r v. e a om een not not a See he of ust or est, ble v. egi (iv) be to ate of See iLJ CR nce ied sed the See CR nd he aid the me the be or to nd to GURPREET 2026.02.25 09:02 I attest to the accuracy and authenticity of this document. CRM-M-4172 9. official reveal (section 84 BN Criminal Pro proclamation. 41723-2025 4 some conspicuous part o subclauses (a)-(c) in Sectio conjunctive and not disjun would be no valid publicat all the three modes of p Pawan Kumar Gupta v. T 1368). Where the Court proclamation has to be ad newspaper circulating in t ordinarily resides. Advisa issued with four copies s copies of the proclamati conspicuous part of the ho accused ordinarily resides, such town or village and to Courthouse and report re made on the fourth copy o copy will be required wh required to be publishe Statement of the serving of Court as to the date and proclamation. (See Birad D viii) The Court issuing the statement in writing in its was duly published on a specified in Section 82( statement in writing by conclusive evidence that th have been complied with a published on such day. (S CriLJ 965). (xi) The condit of the Cr.P.C. for the pu against an absconder compliance therewith cann and renders the Proc subsequent thereto a nulli alias Debu v. State of U.P. and Pal Singh v. The State: A perusal of the impugned ord reveals that the procedure prescrib 84 BNSS) was not complied with. l Procedure lays down the proce ation. The three conditions, containe rt of the Court-house. The three ection 82 (2)(i) of the Cr.P.C. are isjunctive, which means that there lication of the proclamation unless of publication are proved. (See v. The State of W.B.: 1973 CriLJ ourt so orders a copy of the additionally published in a daily in the place in which the accused visably, proclamation has to be es so that one each of the three mation may be affixed to some e house or homestead in which the ides, to some conspicuous place of nd to some conspicuous part of the rt regarding publication may be py of the proclamation. Additional where the proclamation is also lished in the newspaper. (vii) g officer has to be recorded by the and mode of publication of the ad Dan v. State: 1958 CriLJ 965). g the proclamation has to make a n its order that the proclamation on a specified day in a manner 82(2)(i) of the Cr.P.C.. Such by the Court is declared to be at the requirements of Section 82 ith and that the proclamation was y. (See Birad Dan v. State: 1958 nditions specified in Section 82(2) e publication of a Proclamation er are mandatory. Any non- cannot be cured as an 'irregularity' Proclamation and proceedings nullity. (See Devendra Singh Negi U.P. and another 1994 CriLJ 1783 tate: 1955 CriLJ 318)". ed order and statement of serving escribed under section 82 Cr.P.C. with. Section 82(2) of the Code of procedure for publication of a ntained in sub-clauses (a) to (c) of ree are ere ess See iLJ the ily sed be ree me the of the be nal lso vii) the the 5). e a ion ner ch be 82 as 58 (2) ion - ity' ngs egi 83 rving .P.C. e of of a c) of GURPREET 2026.02.25 09:02 I attest to the accuracy and authenticity of this document. CRM-M-4172 Section 82(2) proclamation c publication are 10. proclamation i case, the petiti appear before 11. impugned orde proclaimed off Court within f on bail subjec satisfaction of 12. that he will ke proceedings w 13. trial court wit vacated. 14. 17.02.2026 Gurpreet 41723-2025 5 82(2)(i), are cumulative in nature ation can be said to have been made ion are duly complied with and proved The object behind issuance o ation is only to secure the presence o e petitioner has voluntarily approached efore the trial Court regularly. In view of the foregoing discussio d order dated 08.07.2022 (Annexure ed offender, is set aside and he is dire ithin four weeks from today. Upon his subject to furnishing requisite bail b ion of the trial Court. Besides, petitioner will also su will keep appearing during the procee ings will not be delayed because of his It is made clear that in case, petiti rt within the stipulated period, this The present petition is disposed o i) Whether speaking/reasoned? Yes/N `ii) Whether reportable? Yes/No nature. In other words, a valid made only when all three modes of proved. nce of non-bailable warrants or sence of the accused. In the present oached this Court and undertaken to scussion, the petition is allowed. The exure P-10), declaring the petitioner is directed to appear before the trial on his doing so, he shall be released bail bonds and surety bonds to the lso submit an undertaking/affidavit roceedings of the trial in future and of his conduct. , petitioner fails to appear before the , this order shall be deemed to be osed of accordingly. (RUPINDERJIT CHAHAL) JUDGE Yes/No valid es of s or esent en to . The ioner trial ased the davit and e the o be AL) GURPREET 2026.02.25 09:02 I attest to the accuracy and authenticity of this document.