CRM-M-31261 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 170 GAURAV STATE OF CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA BATRA, J. 1. 528 of Bhar quashing of order dated Additional Chief Judicial Magistrate, Palwal in dated 25.07.2016 registered under Sections 379 and 506 of IPC at Police Station Palwal, District Palwal, whereby he was declared a proclaimed person. 2. petition are that the aforementioned FIR was registered on the complaint filed by complainant accompanied by the co Private Limited wherein he was work theft of iron material kept therein and throwing it out from the wall, they tried to flee when they were seen by the complainant. On noticing the complainant, 31261-2026 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH GAURAV Versus STATE OF HARYANA CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Ankur Kaushik, Advocate Ms. Himani Arora, DAG, Haryana MANISHA BATRA, J. (Oral) The instant petition has been filed by the petitioner under Section Bharatiya Nagarik Suraksha Sanhita, 2023 quashing of order dated 03.06.2023 as passed by the Court of Learned Additional Chief Judicial Magistrate, Palwal in dated 25.07.2016 registered under Sections 379 and 506 of IPC at Police Station Palwal, District Palwal, whereby he was declared a proclaimed person. Briefly stated the facts relevant for the purpose of disposal of this ion are that the aforementioned FIR was registered on the complaint filed by complainant-Niranjan, alleging therein that on 25.07.20 accompanied by the co-accused had jumped over the wall of Shyam Steel Private Limited wherein he was working as a Chowkidar and after committing theft of iron material kept therein and throwing it out from the wall, they tried to flee when they were seen by the complainant. On noticing the complainant, (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-31261-2026 (O&M) Date of decision: 29.05.2026 ...Petitioner Versus ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA , Advocate for the petitioner. Ms. Himani Arora, DAG, Haryana The instant petition has been filed by the petitioner under Section tiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) as passed by the Court of Learned Additional Chief Judicial Magistrate, Palwal in case arising out of FIR No.486 dated 25.07.2016 registered under Sections 379 and 506 of IPC at Police Station Palwal, District Palwal, whereby he was declared a proclaimed person. facts relevant for the purpose of disposal of this ion are that the aforementioned FIR was registered on the complaint filed Niranjan, alleging therein that on 25.07.2016, the petitioner accused had jumped over the wall of Shyam Steel ing as a Chowkidar and after committing theft of iron material kept therein and throwing it out from the wall, they tried to flee when they were seen by the complainant. On noticing the complainant, - (O&M) .05.2026 ...Petitioner ...Respondent The instant petition has been filed by the petitioner under Section (for short ‘BNSS’) for as passed by the Court of Learned case arising out of FIR No.486 dated 25.07.2016 registered under Sections 379 and 506 of IPC at Police Station Palwal, District Palwal, whereby he was declared a proclaimed person. facts relevant for the purpose of disposal of this ion are that the aforementioned FIR was registered on the complaint filed 6, the petitioner accused had jumped over the wall of Shyam Steel ing as a Chowkidar and after committing theft of iron material kept therein and throwing it out from the wall, they tried to flee when they were seen by the complainant. On noticing the complainant, AMIT SHARMA 2026.05.29 18:18 I attest to the accuracy and integrity of this order/judgment. CRM-M-31261 they had extended threats to kill him and then fled from registration of FIR, investigation proceedings were initiated, the petitioner was arrested and subsequently he was released on bail. He absented himself on 03.10.2019 due to which his bail was cancelled and bonds were forfeited to the State. Proceedings under Section 82 of Cr.P.C. were initiated against him and he was declared a proclaimed person vide order dated Feeling aggrieved from the same, the present petition has been filed by the petitioner. 3. wrongly declared as a proclaimed person vide order dated 03.06.2023 in breach of the prescribed procedure. He was not given 30 days his appearance before the Court. It is, therefore, arg order and all the subsequent proceedings having emanated therefrom are liable to be quashed. 4. 5. submitted that the himself and was rightly declared a proclaimed person. The does not suffer from any illegality or infirmity and it is, therefore, urged by her that the petition does not deserve to be allowed. 6. considerable length 7 the petitioners as well as for learned State counsel and perusal of the 31261-2026 (O&M) they had extended threats to kill him and then fled from registration of FIR, investigation proceedings were initiated, the petitioner was arrested and subsequently he was released on bail. He absented himself on 03.10.2019 due to which his bail was cancelled and bonds were forfeited to ate. Proceedings under Section 82 of Cr.P.C. were initiated against him and he was declared a proclaimed person vide order dated Feeling aggrieved from the same, the present petition has been filed by the It is argued by learned counsel for the petitioner wrongly declared as a proclaimed person vide order dated 03.06.2023 in breach of the prescribed procedure. He was not given 30 days his appearance before the Court. It is, therefore, arg order and all the subsequent proceedings having emanated therefrom are liable to be quashed. Notice of motion. Learned State counsel has advance notice of the petition and has submitted that the petitioner by misusing the conc himself and was rightly declared a proclaimed person. The does not suffer from any illegality or infirmity and it is, therefore, urged by her that the petition does not deserve to be allowed. This Court has heard learned counsel for the considerable length and have also gone through the material placed on record. On consideration of the submissions made by learned counsel for the petitioners as well as for learned State counsel and perusal of the (O&M) -2- they had extended threats to kill him and then fled from the spot. After registration of FIR, investigation proceedings were initiated, the petitioner was arrested and subsequently he was released on bail. He absented himself on 03.10.2019 due to which his bail was cancelled and bonds were forfeited to ate. Proceedings under Section 82 of Cr.P.C. were initiated against him and he was declared a proclaimed person vide order dated 03.06.2023 Feeling aggrieved from the same, the present petition has been filed by the learned counsel for the petitioner that he had been wrongly declared as a proclaimed person vide order dated 03.06.2023 in breach of the prescribed procedure. He was not given 30 days’ notice time for his appearance before the Court. It is, therefore, argued that the impugned order and all the subsequent proceedings having emanated therefrom are liable Learned State counsel has advance notice of the petition and has by misusing the concession of bail, had absented himself and was rightly declared a proclaimed person. The impugned order does not suffer from any illegality or infirmity and it is, therefore, urged by her that the petition does not deserve to be allowed. learned counsel for the parties at and have also gone through the material placed on record. On consideration of the submissions made by learned counsel for the petitioners as well as for learned State counsel and perusal of the entire - the spot. After registration of FIR, investigation proceedings were initiated, the petitioner was arrested and subsequently he was released on bail. He absented himself on 03.10.2019 due to which his bail was cancelled and bonds were forfeited to ate. Proceedings under Section 82 of Cr.P.C. were initiated against him 03.06.2023. Feeling aggrieved from the same, the present petition has been filed by the that he had been wrongly declared as a proclaimed person vide order dated 03.06.2023 in notice time for ued that the impugned order and all the subsequent proceedings having emanated therefrom are liable Learned State counsel has advance notice of the petition and has had absented order does not suffer from any illegality or infirmity and it is, therefore, urged by parties at and have also gone through the material placed on record. On consideration of the submissions made by learned counsel for entire AMIT SHARMA 2026.05.29 18:18 I attest to the accuracy and integrity of this order/judgment. CRM-M-31261 record, this Court is of the considered opinion that the impugned order dated 03.06.2023 suffers from material all the consequential proceedings arising therefrom. 8. 23.02.2023, proclamation was ordered to be issued against him for 02.05.2023. The Learned Additional Chief Judicial Magistrate was required to record her satisfaction that in view of the material on record there was reasonable g himself, so that warrant of arrest issued against him could not be executed. However, she did not do so. For want of recording any satisfaction as required by the statutory provisions, whi issuance of proclamation, the impugned order cannot be stated to be sustainable. In this regard, this Court relies upon the observations made Bishundayal Mahton and others V. Emperor : AIR 1943 Patna 366 Devender Singh 9. that the executing police official HC Tek Ram published the proclamation on 25.04.2023. He merely fixed one copy of the procla of the accused and other copy on the notice board of the Court and third copy on a public place, however, he did not publicly read out the same in some conspicuous place of the village, where the petitioner ordinary resided. Therefore, the proclamation was not pub of Section 82(2)(i) of Cr.P.C. Still further the proclamation was published on 25.04.2023 for 02.05.2023, meaning thereby that the petitioner did not get 31261-2026 (O&M) record, this Court is of the considered opinion that the impugned order dated 03.06.2023 suffers from material illegalities and is liable to be quashed with all the consequential proceedings arising therefrom. The bail of the petitioner was ca 23.02.2023, proclamation was ordered to be issued against him for 02.05.2023. The Learned Additional Chief Judicial Magistrate was required to record her satisfaction that in view of the material on record there was reasonable ground to believe that the petitioner was absconding or concealing , so that warrant of arrest issued against him could not be executed. However, she did not do so. For want of recording any satisfaction as required by the statutory provisions, whi issuance of proclamation, the impugned order cannot be stated to be sustainable. In this regard, this Court relies upon the observations made Bishundayal Mahton and others V. Emperor : AIR 1943 Patna 366 Devender Singh Negi V. State of U.P. : 1994 Crl LJ (Allahabad HC) 1783. Further on a perusal of the order dated 02.05.2023, it is revealed that the executing police official HC Tek Ram published the proclamation on 25.04.2023. He merely fixed one copy of the procla of the accused and other copy on the notice board of the Court and third copy on a public place, however, he did not publicly read out the same in some conspicuous place of the village, where the petitioner ordinary resided. fore, the proclamation was not published as per mandatory require of Section 82(2)(i) of Cr.P.C. Still further the proclamation was published on 25.04.2023 for 02.05.2023, meaning thereby that the petitioner did not get (O&M) -3- record, this Court is of the considered opinion that the impugned order dated illegalities and is liable to be quashed with all the consequential proceedings arising therefrom. The bail of the petitioner was cancelled on 03.10.2019. On 23.02.2023, proclamation was ordered to be issued against him for 02.05.2023. The Learned Additional Chief Judicial Magistrate was required to record her satisfaction that in view of the material on record there was round to believe that the petitioner was absconding or concealing , so that warrant of arrest issued against him could not be executed. However, she did not do so. For want of recording any satisfaction as required by the statutory provisions, which was a condition essential for issuance of proclamation, the impugned order cannot be stated to be sustainable. In this regard, this Court relies upon the observations made Bishundayal Mahton and others V. Emperor : AIR 1943 Patna 366 Negi V. State of U.P. : 1994 Crl LJ (Allahabad HC) 1783. Further on a perusal of the order dated 02.05.2023, it is revealed that the executing police official HC Tek Ram published the proclamation on 25.04.2023. He merely fixed one copy of the proclamation outside the house of the accused and other copy on the notice board of the Court and third copy on a public place, however, he did not publicly read out the same in some conspicuous place of the village, where the petitioner ordinary resided. lished as per mandatory requirem of Section 82(2)(i) of Cr.P.C. Still further the proclamation was published on 25.04.2023 for 02.05.2023, meaning thereby that the petitioner did not get - record, this Court is of the considered opinion that the impugned order dated illegalities and is liable to be quashed with ncelled on 03.10.2019. On 23.02.2023, proclamation was ordered to be issued against him for 02.05.2023. The Learned Additional Chief Judicial Magistrate was required to record her satisfaction that in view of the material on record there was round to believe that the petitioner was absconding or concealing , so that warrant of arrest issued against him could not be executed. However, she did not do so. For want of recording any satisfaction as ch was a condition essential for issuance of proclamation, the impugned order cannot be stated to be sustainable. In this regard, this Court relies upon the observations made Bishundayal Mahton and others V. Emperor : AIR 1943 Patna 366 and Negi V. State of U.P. : 1994 Crl LJ (Allahabad HC) 1783. Further on a perusal of the order dated 02.05.2023, it is revealed that the executing police official HC Tek Ram published the proclamation on mation outside the house of the accused and other copy on the notice board of the Court and third copy on a public place, however, he did not publicly read out the same in some conspicuous place of the village, where the petitioner ordinary resided. ment of Section 82(2)(i) of Cr.P.C. Still further the proclamation was published on 25.04.2023 for 02.05.2023, meaning thereby that the petitioner did not get AMIT SHARMA 2026.05.29 18:18 I attest to the accuracy and integrity of this order/judgment. CRM-M-31261 statutory minimum period of 30 day 02.05.2023. The Learned Additional Chief Judicial Magistrate could not extend the petitioner and was mandatory required to issue a proclamation agai public thereof in accordance with the provisions of Section 82(2) of which has not been done, person vide order dated 03.06.2023 in breach of the prescribed procedure and this order is suffer alongwith all consequential proceedings arising therefrom. 10. view of the ratio of law as laid down in above cited authorities petition is allowed and the impugned order dated Court of Learned Additional Chief Judicial Magistrate, Palwal in case arising out of FIR No.486 dated 25.07.2016 registered under Sections 379 and 506 of IPC at Police proclaimed person therefrom. 11. Learned Trial Court within 15 days from the rece and on such surrender and moving application for grant of regular bail, the Learned Trial Court shall dispose of the same in accordance with law expeditiously. 12. Court, his arrest 31261-2026 (O&M) statutory minimum period of 30 days for his appearance before the 02.05.2023. The Learned Additional Chief Judicial Magistrate could not extend the time by simply adjourning the case for awaiting appearance of the petitioner and was mandatory required to issue a proclamation agai public thereof in accordance with the provisions of Section 82(2) of which has not been done, the petitioner was wrongly declared a proclaimed person vide order dated 03.06.2023 in breach of the prescribed procedure and this order is suffering from material illegality and is liable to be set aside alongwith all consequential proceedings arising therefrom. Accordingly, in view of the discussion as made above view of the ratio of law as laid down in above cited authorities petition is allowed and the impugned order dated Court of Learned Additional Chief Judicial Magistrate, Palwal in case arising out of FIR No.486 dated 25.07.2016 registered under Sections 379 and 506 of IPC at Police Station Palwal, District Palwal, whereby he was declared a proclaimed person is quashed with all consequential proceedings arising therefrom. However, the petitioner is directed to surrender before the Learned Trial Court within 15 days from the rece and on such surrender and moving application for grant of regular bail, the Learned Trial Court shall dispose of the same in accordance with law expeditiously. Till the appearance of the petitioner before the Court, his arrest shall remain stayed. (O&M) -4- s for his appearance before the Court on 02.05.2023. The Learned Additional Chief Judicial Magistrate could not by simply adjourning the case for awaiting appearance of the petitioner and was mandatory required to issue a proclamation against the public thereof in accordance with the provisions of Section 82(2) of Cr.P.C. the petitioner was wrongly declared a proclaimed person vide order dated 03.06.2023 in breach of the prescribed procedure and ing from material illegality and is liable to be set aside alongwith all consequential proceedings arising therefrom. 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, the present petition is allowed and the impugned order dated 03.06.2023 as passed by the Court of Learned Additional Chief Judicial Magistrate, Palwal in case arising out of FIR No.486 dated 25.07.2016 registered under Sections 379 and 506 of Station Palwal, District Palwal, whereby he was declared a with all consequential proceedings arising However, the petitioner is directed to surrender before the Learned Trial Court within 15 days from the receipt of a copy of this order and on such surrender and moving application for grant of regular bail, the Learned Trial Court shall dispose of the same in accordance with law Till the appearance of the petitioner before the learned - Court on 02.05.2023. The Learned Additional Chief Judicial Magistrate could not by simply adjourning the case for awaiting appearance of the nst the Cr.P.C. the petitioner was wrongly declared a proclaimed person vide order dated 03.06.2023 in breach of the prescribed procedure and ing from material illegality and is liable to be set aside and also in the present 03.06.2023 as passed by the Court of Learned Additional Chief Judicial Magistrate, Palwal in case arising out of FIR No.486 dated 25.07.2016 registered under Sections 379 and 506 of Station Palwal, District Palwal, whereby he was declared a with all consequential proceedings arising However, the petitioner is directed to surrender before the ipt of a copy of this order and on such surrender and moving application for grant of regular bail, the Learned Trial Court shall dispose of the same in accordance with law learned trial AMIT SHARMA 2026.05.29 18:18 I attest to the accuracy and integrity of this order/judgment. CRM-M-31261 13. the learned to be dismissed. 29.05.2026 Amit Sharma Whether speaking/reasoned Whether reportable 31261-2026 (O&M) It is made clear that in case the petitioner fails to appear before learned trial Court within the stipulated time to be dismissed. .05.2026 Whether speaking/reasoned Whether reportable (O&M) -5- It is made clear that in case the petitioner fails to appear before the stipulated time, this petition shall be deemed (MANISHA BATRA) JUDGE Yes/No Yes/No - It is made clear that in case the petitioner fails to appear before , this petition shall be deemed AMIT SHARMA 2026.05.29 18:18 I attest to the accuracy and integrity of this order/judgment.