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2025 DAILYLAW 1249 (PNJ)

ISHAN THAKUR v. STATE OF PUNJAB

CRM-M/14162/2026 · 2026-03-17

Aman Chaudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1. BNSS for quashing the order dated Judicial Magistrate, SAS Nagar, whereby the petitioner has been declared a proclaimed person. 2. based on the disclosure statement of co aware of the publication District SAS Rajpura, Patiala and now in Balaji Encl reference is made to and P-6. As a matter of fact, he is a licensed stamp his licence has been renewed through Commissioner. the process and provisions of Section 82 Cr.P.C. were not complied with The present petition has been filed under for quashing the order dated 20.12.2025 passed by Judicial Magistrate, SAS Nagar, whereby the petitioner has been declared a proclaimed person. Learned counsel submits that name of the petitioner surfaced based on the disclosure statement of co-accused, however, he was not aware of the same as no notice/warrant was ever served upon him and publication has been effected at the address of village Dhakoli, Zirakpur, District SAS Nagar, however, he was earlier residing in Gurbax Colony, Rajpura, Patiala and now in Balaji Enclave, Neelpur, Rajpura, Patiala reference is made to cheque book and gas cylinder book, Annexures P As a matter of fact, he is a licensed stamp his licence has been renewed through Commissioner. As such, he could not be said to be absconding or evading the process and provisions of Section 82 Cr.P.C. were not complied with The present petition has been filed under Section 528 of 20.12.2025 passed by learned Chief Judicial Magistrate, SAS Nagar, whereby the petitioner has been declared name of the petitioner surfaced accused, however, he was not as no notice/warrant was ever served upon him and has been effected at the address of village Dhakoli, Zirakpur, however, he was earlier residing in Gurbax Colony, ave, Neelpur, Rajpura, Patiala, cheque book and gas cylinder book, Annexures P-5 As a matter of fact, he is a licensed stamp vendor in Patiala and his licence has been renewed throughout the concerned Deputy As such, he could not be said to be absconding or evading the process and provisions of Section 82 Cr.P.C. were not complied with PARVEEN KUMAR 2026.03.18 19:17 I attest to the accuracy and integrity of this order/judgment. in letter and spirit. His absence was neither wilful nor deliberate; he is ready and willing to join the proceedings and, thus, prays for grant of one opportunity for him to surrender before the trial Court. Reliance is placed on the judgment of this Court in Satish Chouhan vs. State of Punjab & Anr., CRM-M-3795-2023, decided on 10.02.2023. 3. Notice of motion. 4. At the asking of the Court, accepts notice on behalf of the respondent and submits that the order passed against the petitioner is legal and valid on account of the fact that he had absented from the proceedings before the trial Court without any just cause. 5. In the case of Satish Chouhan(supra), this Court held that where the accused had already sold his house long before the process was issued and had shifted elsewhere, the proclamation served at the old address could not be treated as due service, and the mandatory provisions of Section 82 Cr.P.C. were not complied with. On those facts, the order declaring the petitioner therein as a proclaimed offender was quashed. 7. This Court in Gurbir Singh Mundi vs. State of Punjab and another CRM-M-49283-2021, decided on 16.12.2021, has held that provisions of Section 82(2) Cr.PC. are to be mandatorily complied with cumulatively and not alternatively. The Court had quashed the order declaring the petitioner therein as proclaimed person on the ground that declaration was not read publicly in some conspicuous place of town or village, in which the accused ordinarily resides. PARVEEN KUMAR 2026.03.18 19:17 I attest to the accuracy and integrity of this order/judgment. PARVEEN KUMAR 2026.03.18 19:17 I attest to the accuracy and integrity of this order/judgment.