CRM-M-31402 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 175 RAMANDEEP ALIAS RAMANDEEP BHUMBLA ALIAS GHONA STATE OF PUNJAB CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA BATRA, J. 1. 528 of Bhar quashing of order dated Divisional Judicial Magistrate, Balachaur, D out of FIR No.04 dated 15.01.2022 registered under Sections 341, 323, 324, 34, 506 of IPC (Section 326 of IPC added later on) at Police Station City Balachaur, District SBS Nagar, whereby the petitioner had been declared a proclaimed offender. 2. falsely implicated in this case. He had initially been booked for commission of offences punishable under Sections 3 later on Section 326 of IPC had been added. One ASI Balwinder Singh filed an affidavit declaring that the petitioner could not be arrested in the 31402-2026 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RAMANDEEP ALIAS RAMANDEEP BHUMBLA ALIAS Versus STATE OF PUNJAB CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Saurav Bhatia, Advocate for the petitioner. Ms. Ruchika Sabherwal, Sr. DAG, Punjab. MANISHA BATRA, J. (Oral) The instant petition has been filed by the petitioner under Section Bharatiya Nagarik Suraksha Sanhita, 2023 quashing of order dated 05.09.2023 as passed by the Court of Learned Sub Divisional Judicial Magistrate, Balachaur, D out of FIR No.04 dated 15.01.2022 registered under Sections 341, 323, 324, 34, 506 of IPC (Section 326 of IPC added later on) at Police Station City Balachaur, District SBS Nagar, whereby the petitioner had been declared a proclaimed offender. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He had initially been booked for commission of offences punishable under Sections 323, 324, 341, 34 and 506 of IPC and Section 326 of IPC had been added. One ASI Balwinder Singh filed an affidavit declaring that the petitioner could not be arrested in the -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-31402-2026 (O&M) Date of decision: 27.05.2026 RAMANDEEP ALIAS RAMANDEEP BHUMBLA ALIAS GHOLA @ ...Petitioner Versus ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Ms. Ruchika Sabherwal, Sr. DAG, Punjab. The instant petition has been filed by the petitioner under Section tiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) 05.09.2023 as passed by the Court of Learned Sub Divisional Judicial Magistrate, Balachaur, District SBS Nagar in case arising out of FIR No.04 dated 15.01.2022 registered under Sections 341, 323, 324, 34, 506 of IPC (Section 326 of IPC added later on) at Police Station City Balachaur, District SBS Nagar, whereby the petitioner had been declared a It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He had initially been booked for commission 23, 324, 341, 34 and 506 of IPC and Section 326 of IPC had been added. One ASI Balwinder Singh filed an affidavit declaring that the petitioner could not be arrested in the - (O&M) 27.05.2026 GHOLA @ ...Petitioner ...Respondent The instant petition has been filed by the petitioner under Section (for short ‘BNSS’) for 05.09.2023 as passed by the Court of Learned Sub- istrict SBS Nagar in case arising out of FIR No.04 dated 15.01.2022 registered under Sections 341, 323, 324, 34, 506 of IPC (Section 326 of IPC added later on) at Police Station City Balachaur, District SBS Nagar, whereby the petitioner had been declared a It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He had initially been booked for commission 23, 324, 341, 34 and 506 of IPC and Section 326 of IPC had been added. One ASI Balwinder Singh filed an affidavit declaring that the petitioner could not be arrested in the AMIT SHARMA 2026.05.29 12:26 I attest to the accuracy and integrity of this order/judgment. CRM-M-31402 aforementioned FIR and based on his affidavit, issued against him and then proclamation pr resulting in his declaration as a proclaimed person. It is submitted that while declaring him as a proclaimed person, the Learned Trial Court did not follow the proper procedure prescribed under Section 82 of Cr.P.C. He is re join the proceedings. It is, therefore, argued that the impugned order is liable to be set aside. 3. 4. ready to argue. It is submitted by her that there is no impugned order and the petitioner has rightly been declared a proclaimed person. It is, thus, urged that the petition is liable to be dismissed. 5. considerable length 6. learned counsel for the parties and on an overall perusal of the orders passed by the Learned Trial Court as against this petitioner, is of the considered opinion that the impugned order dated 05.09.2023 suffers from material proceedings arising therefrom. 7. copies of zim filing of a Balwinder Singh issued agains 31402-2026 (O&M) aforementioned FIR and based on his affidavit, issued against him and then proclamation pr resulting in his declaration as a proclaimed person. It is submitted that while declaring him as a proclaimed person, the Learned Trial Court did not follow the proper procedure prescribed under Section 82 of Cr.P.C. He is re join the proceedings. It is, therefore, argued that the impugned order is liable to be set aside. Notice of motion. Learned State counsel has advance notice of the ready to argue. It is submitted by her that there is no impugned order and the petitioner has rightly been declared a proclaimed person. It is, thus, urged that the petition is liable to be dismissed. This Court has heard learned counsel for the considerable length and have also gone through the material placed on record. 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 Learned Trial Court as against this petitioner, is of the considered opinion that the impugned order dated 05.09.2023 suffers from material illegalities and is liable to be quashed with all the consequential proceedings arising therefrom. After going through the material placed on reco copies of zimni orders passed by the learned filing of a declaration/affidavit before the Learned Trial Court by ASI Balwinder Singh, non-bailable warrants were straight issued against the present petitioner. The same had been received back -2- aforementioned FIR and based on his affidavit, initially warrants had been issued against him and then proclamation proceedings had been initiated resulting in his declaration as a proclaimed person. It is submitted that while declaring him as a proclaimed person, the Learned Trial Court did not follow the proper procedure prescribed under Section 82 of Cr.P.C. He is ready to join the proceedings. It is, therefore, argued that the impugned order is liable Learned State counsel has advance notice of the petition and ready to argue. It is submitted by her that there is no infirmity in the impugned order and the petitioner has rightly been declared a proclaimed person. It is, thus, urged that the petition is liable to be dismissed. learned counsel for the parties e through the material placed on record. On giving due deliberations to the contentions as raised by learned counsel for the parties and on an overall perusal of the all the relevant orders passed by the Learned Trial Court as against this petitioner, this Court is of the considered opinion that the impugned order dated 05.09.2023 suffers illegalities and is liable to be quashed with all the consequential After going through the material placed on record as well as the learned trial Court, it is revealed that on /affidavit before the Learned Trial Court by ASI bailable warrants were straight-away ordered to be t the present petitioner. The same had been received back - warrants had been oceedings had been initiated resulting in his declaration as a proclaimed person. It is submitted that while declaring him as a proclaimed person, the Learned Trial Court did not follow ady to join the proceedings. It is, therefore, argued that the impugned order is liable petition and is in the impugned order and the petitioner has rightly been declared a proclaimed parties at e through the material placed on record. On giving due deliberations to the contentions as raised by all the relevant this Court is of the considered opinion that the impugned order dated 05.09.2023 suffers illegalities and is liable to be quashed with all the consequential rd as well as the revealed that on /affidavit before the Learned Trial Court by ASI away ordered to be t the present petitioner. The same had been received back AMIT SHARMA 2026.05.29 12:26 I attest to the accuracy and integrity of this order/judgment. CRM-M-31402 unexecuted order for issuance of proclamation against him for 20.05.2023. A bare perusal of this order reveals that the Learned Tria publication of proclamation, did not record a proper satisfaction that the petitioner had absconded or was concealing himself so that warrant of arrest, previously issued could not be executed, despite reasonable diligence, whic was in violation of the provisions ground the proceeding of declaration him liable to be vitiated. Vs. State of Delhi : 2008 Crl. J. 8. by ASI Harjeet Singh on 15.04.2023. However, the said proclamation was not read over in some petitioner was supposed to be residing. publication place of the town or village in which the accused ordinarily resides; then the same has to be affixed to some conspicuous part of the house or homestead in which the accused ordinarily res town or village and thereafter a copy of the proclamation has to be affixed to some conspicuous part of the Court Section 82 (2)(i) of the Cr.P.C. are conjunctive and not dis means that there would be no valid publication of the proclamation unless all the three modes of publication are proved. placed upon 31402-2026 (O&M) unexecuted and thereafter on 10.04.2023, the learned Trial Court passed an order for issuance of proclamation against him for 20.05.2023. A bare perusal of this order reveals that the Learned Tria publication of proclamation, did not record a proper satisfaction that the petitioner had absconded or was concealing himself so that warrant of arrest, previously issued could not be executed, despite reasonable diligence, whic was in violation of the provisions of Section 82(1) of Cr.P.C. ground the proceeding of declaration him to be vitiated. Reliance in this regard can be placed upon Vs. State of Delhi : 2008 Crl. J. 2561. Furthermore, it is revealed that the proclamation was published by ASI Harjeet Singh on 15.04.2023. However, the said proclamation was not read over in some conspicuous place of the town or petitioner was supposed to be residing. As per publication, the proclamation has to be first publicly read in some conspicuous place of the town or village in which the accused ordinarily resides; then the same has to be affixed to some conspicuous part of the house or homestead in which the accused ordinarily resides or to some conspicuous place of such town or village and thereafter a copy of the proclamation has to be affixed to some conspicuous part of the Court-house. The three sub Section 82 (2)(i) of the Cr.P.C. are conjunctive and not dis means that there would be no valid publication of the proclamation unless all the three modes of publication are proved. placed upon Pawan Kumar Gupta Vs. The State of W.B. : 1973CriLJ 1368 -3- thereafter on 10.04.2023, the learned Trial Court passed an order for issuance of proclamation against him for 20.05.2023. A bare perusal of this order reveals that the Learned Trial Court before ordering for publication of proclamation, did not record a proper satisfaction that the petitioner had absconded or was concealing himself so that warrant of arrest, previously issued could not be executed, despite reasonable diligence, whic of Section 82(1) of Cr.P.C. and on this very ground the proceeding of declaration him proclaimed offender have become in this regard can be placed upon Rohit Kumar Furthermore, it is revealed that the proclamation was published by ASI Harjeet Singh on 15.04.2023. However, the said proclamation was not conspicuous place of the town or village in which the As per Section 82 (2) of Cr.P.C. f the proclamation has to be first publicly read in some conspicuous place of the town or village in which the accused ordinarily resides; then the same has to be affixed to some conspicuous part of the house or homestead in ides or to some conspicuous place of such town or village and thereafter a copy of the proclamation has to be affixed to house. The three sub-clauses (a)-(c) in Section 82 (2)(i) of the Cr.P.C. are conjunctive and not disjunctive, which means that there would be no valid publication of the proclamation unless all the three modes of publication are proved. Reliance in this regard can be Pawan Kumar Gupta Vs. The State of W.B. : 1973CriLJ 1368 - thereafter on 10.04.2023, the learned Trial Court passed an order for issuance of proclamation against him for 20.05.2023. A bare perusal l Court before ordering for publication of proclamation, did not record a proper satisfaction that the petitioner had absconded or was concealing himself so that warrant of arrest, previously issued could not be executed, despite reasonable diligence, which and on this very offender have become Rohit Kumar Furthermore, it is revealed that the proclamation was published by ASI Harjeet Singh on 15.04.2023. However, the said proclamation was not n which the Section 82 (2) of Cr.P.C. for the proclamation has to be first publicly read in some conspicuous place of the town or village in which the accused ordinarily resides; then the same has to be affixed to some conspicuous part of the house or homestead in ides or to some conspicuous place of such town or village and thereafter a copy of the proclamation has to be affixed to (c) in junctive, which means that there would be no valid publication of the proclamation unless all Reliance in this regard can be Pawan Kumar Gupta Vs. The State of W.B. : 1973CriLJ 1368. AMIT SHARMA 2026.05.29 12:26 I attest to the accuracy and integrity of this order/judgment. CRM-M-31402 9. and security certificate which reveals that at the time of declaring him as a proclaimed person, he was residing abroad. In such circumstance effected upon his native place cannot be consi There is also nothing on record to show that any attempt have been made by serving the petitioner at his ordinary place of living either through publication or in newspaper or through the Embassy. In view of this fact also, proclamation declaring him as a proclaimed offender cannot be considered to be proper and is liable to be set aside. Moreover, there is nothing to demonstrate that the State had either complied with the statutory provisions of Section 105 of Cr.P.C. such, the action of the Trial Court by switching to the proclamation proceedings under Section 82 of Cr.P.C. itself is stated to be bad in the eyes of law. 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 Sub Nagar in case arising out of FIR No.04 dated 15.01.2022 registered under Sections 341, 323, 324, 34, 506 of IPC (Section 326 of IPC added later on) at Police Station City Balachaur, District SBS Nagar, whereby the petitioner had been declared a proclaimed proceedings arising therefrom. 11. concerned within a period of four weeks, subject to order for grant of 31402-2026 (O&M) Moreso, the petitioner has placed on record a copy of his passport and security certificate which reveals that at the time of declaring him as a proclaimed person, he was residing abroad. In such circumstance effected upon his native place cannot be consi There is also nothing on record to show that any attempt have been made by serving the petitioner at his ordinary place of living either through publication or in newspaper or through the Embassy. In view of this fact also, proclamation declaring him as a proclaimed offender cannot be considered to be proper and is liable to be set aside. Moreover, there is nothing to demonstrate that the State had either complied with the statutory provisions of Section 105 of Cr.P.C. or they were not required to be complied with. As such, the action of the Trial Court by switching to the proclamation proceedings under Section 82 of Cr.P.C. itself is stated to be bad in the eyes of Accordingly, in view of the discussion as view of the ratio of law as laid down in above cited authorities petition is allowed and the impugned order dated Court of Learned Sub-Divisional Judicial Magistrate, Balachaur, District SBS Nagar in case arising out of FIR No.04 dated 15.01.2022 registered under Sections 341, 323, 324, 34, 506 of IPC (Section 326 of IPC added later on) at Police Station City Balachaur, District SBS Nagar, whereby the petitioner had been declared a proclaimed offender, is quashed proceedings arising therefrom. However, the petitioner is directed to surrender before the Court concerned within a period of four weeks, subject to order for grant of -4- etitioner has placed on record a copy of his passport and security certificate which reveals that at the time of declaring him as a proclaimed person, he was residing abroad. In such circumstances any service effected upon his native place cannot be considered to be a proper service. There is also nothing on record to show that any attempt have been made by serving the petitioner at his ordinary place of living either through publication or in newspaper or through the Embassy. In view of this fact also, proclamation declaring him as a proclaimed offender cannot be considered to be proper and is liable to be set aside. Moreover, there is nothing to demonstrate that the State had either complied with the statutory provisions of or they were not required to be complied with. As such, the action of the Trial Court by switching to the proclamation proceedings under Section 82 of Cr.P.C. itself is stated to be bad in the eyes of 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 05.09.2023 as passed by the Divisional Judicial Magistrate, Balachaur, District SBS Nagar in case arising out of FIR No.04 dated 15.01.2022 registered under Sections 341, 323, 324, 34, 506 of IPC (Section 326 of IPC added later on) at Police Station City Balachaur, District SBS Nagar, whereby the petitioner had offender, is quashed with all consequential However, the petitioner is directed to surrender before the Court concerned within a period of four weeks, subject to order for grant of - etitioner has placed on record a copy of his passport and security certificate which reveals that at the time of declaring him as a any service dered to be a proper service. There is also nothing on record to show that any attempt have been made by serving the petitioner at his ordinary place of living either through publication or in newspaper or through the Embassy. In view of this fact also, the proclamation declaring him as a proclaimed offender cannot be considered to be proper and is liable to be set aside. Moreover, there is nothing to demonstrate that the State had either complied with the statutory provisions of or they were not required to be complied with. As such, the action of the Trial Court by switching to the proclamation proceedings under Section 82 of Cr.P.C. itself is stated to be bad in the eyes of and also in , the present 05.09.2023 as passed by the Divisional Judicial Magistrate, Balachaur, District SBS Nagar in case arising out of FIR No.04 dated 15.01.2022 registered under Sections 341, 323, 324, 34, 506 of IPC (Section 326 of IPC added later on) at Police Station City Balachaur, District SBS Nagar, whereby the petitioner had with all consequential However, the petitioner is directed to surrender before the Court concerned within a period of four weeks, subject to order for grant of AMIT SHARMA 2026.05.29 12:26 I attest to the accuracy and integrity of this order/judgment. CRM-M-31402 anticipatory bail, if any passed on his BNSS. 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 passe Court in accordance with law. 12. Court, his arrest 13. the learned to be dismissed. 27.05.2026 Amit Sharma Whether speaking/reasoned Whether reportable 31402-2026 (O&M) anticipatory bail, if any passed on his petition to be filed under Section 482 of BNSS. 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 passe Court in accordance with law. Till the appearance of the petitioner before the Court, his arrest shall remain stayed. It is made clear that in case the petitioner fails to appear before learned trial Court within the stipulated time to be dismissed. 27.05.2026 Whether speaking/reasoned Whether reportable -5- petition to be filed under Section 482 of BNSS. 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 Till the appearance of the petitioner before the learned 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 - petition to be filed under Section 482 of BNSS. 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 d by the concerned learned trial It is made clear that in case the petitioner fails to appear before , this petition shall be deemed AMIT SHARMA 2026.05.29 12:26 I attest to the accuracy and integrity of this order/judgment.