CRM-M-11603 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 123 Mubarik State of Haryana CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA BATRA, J. 1. CRM-30084 2. CRM-M 528 of Bhar 17.02.2018 in case arising out of FIR No. 443 dated 29.10.2011, registered under Sections 307, 353, 186 and Meham, District Rohtak, proclaimed 3. grounds and it has been argued by his counsel that the petitioner has been falsely implicated in bail and was regu 11603-2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Versus Haryana CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Imtiyaz Hussain, Advocate for the petitioner. Mr. Apoorv Garg, Addl. A.G. MANISHA BATRA, J. (Oral) 30084-2025 Allowed as prayed for. Documents are taken on record. M-11603-2025 The instant petition has been filed by the petitioner under Section Bharatiya Nagarik Suraksha Sanhita, 2023 17.02.2018, passed by the Court of learned in case arising out of FIR No. 443 dated 29.10.2011, registered under Sections 307, 353, 186 and 34 of IPC and Section 25 of the Arms Act at Police Station Meham, District Rohtak, whereby the petitioner had been declared a proclaimed person. The present petition has been filed by the petitioner on the grounds and it has been argued by his counsel that the petitioner has been falsely implicated in the aforementioned case bail and was regularly appearing before the learned trial Court. However, he -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-11603-2025 (O&M) Date of decision: 04.08.2025 ...Petitioner Versus ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Imtiyaz Hussain, Advocate Addl. A.G., Haryana. Documents are taken on record. The instant petition has been filed by the petitioner under Section tiya Nagarik Suraksha Sanhita, 2023 for quashing of order dated Court of learned Additional Sessions Judge, Rohtak in case arising out of FIR No. 443 dated 29.10.2011, registered under Sections of IPC and Section 25 of the Arms Act at Police Station whereby the petitioner had been declared a The present petition has been filed by the petitioner on the grounds and it has been argued by his counsel that the petitioner has been case. The petitioner was on interim larly appearing before the learned trial Court. However, he - 2025 (O&M) 04.08.2025 ...Petitioner ...Respondent The instant petition has been filed by the petitioner under Section for quashing of order dated Additional Sessions Judge, Rohtak in case arising out of FIR No. 443 dated 29.10.2011, registered under Sections of IPC and Section 25 of the Arms Act at Police Station whereby the petitioner had been declared a The present petition has been filed by the petitioner on the grounds and it has been argued by his counsel that the petitioner has been interim larly appearing before the learned trial Court. However, he MOHAMMAD WASEEM ANSARI 2025.08.06 10:21 I attest to the accuracy and integrity of this document CRM-M-11603 absented himself on and non-bailable warrants were issued against him. Subsequently, the petitioner could not appear before the Court as he notice/warrants issued by the been declared a proclaimed person without prescribed under Section 82 proceedings. aside. 4. resisted the petition by submitting that there is no infirmity in the impugne order and the petitioner has rightly been declared a proclaimed was running away from the process of Court. It is, thus, urged that the petition is liable to be dismissed. 5. and have also gone through the material placed on record. 6. learned counsel for the parties and on an overall perusal of the orders passed by the learned 82 Cr.P.C. as against the petitioner till the date of declaring him a proclaimed person, I am of the considered opinion that the impugned order dated 17.02.2018 all the consequential proceedings arising therefrom. 7. copies of zim 06.01.2018 11603-2025 (O&M) absented himself on 14.11.2017, consequent to which, his bail was cancelled bailable warrants were issued against him. Subsequently, the petitioner could not appear before the Court as he notice/warrants issued by the learned trial Court. More so, t been declared a proclaimed person without prescribed under Section 82 of Cr.P.C. proceedings. Hence, it is urged that the Per contra, learned Additional resisted the petition by submitting that there is no infirmity in the impugne order and the petitioner has rightly been declared a proclaimed was running away from the process of Court. It is, thus, urged that the petition is liable to be dismissed. I have heard learned counsel for the 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 learned trial Court from the date of initiating proceedings under Section 82 Cr.P.C. as against the petitioner till the date of declaring him a proclaimed , I am of the considered opinion that the impugned order dated 17.02.2018 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 06.01.2018, since the non-bailable warrants issued against the petitioner were -2- , consequent to which, his bail was cancelled bailable warrants were issued against him. Subsequently, the petitioner could not appear before the Court as he was never served with any trial Court. More so, the petitioner had been declared a proclaimed person without following the proper procedure Cr.P.C. He is ready to join the Court Hence, it is urged that the impugned order is liable to be set Additional Advocate General, Haryana resisted the petition by submitting that there is no infirmity in the impugne order and the petitioner has rightly been declared a proclaimed person as he was running away from the process of Court. It is, thus, urged that the petition I have heard learned counsel for the parties at considerable leng 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 trial Court from the date of initiating proceedings under Section 82 Cr.P.C. as against the petitioner till the date of declaring him a proclaimed , I am of the considered opinion that the impugned order dated ities and is liable to be quashed with all the consequential proceedings arising therefrom. After going through the material placed on record as well as the learned trial Court, it is revealed that on bailable warrants issued against the petitioner were - , consequent to which, his bail was cancelled bailable warrants were issued against him. Subsequently, the never served with any he petitioner had following the proper procedure He is ready to join the Court impugned order is liable to be set Haryana has resisted the petition by submitting that there is no infirmity in the impugned as he was running away from the process of Court. It is, thus, urged that the petition at considerable length On giving due deliberations to the contentions as raised by learned counsel for the parties and on an overall perusal of the orders passed trial Court from the date of initiating proceedings under Section 82 Cr.P.C. as against the petitioner till the date of declaring him a proclaimed , I am of the considered opinion that the impugned order dated ities and is liable to be quashed with rd as well as the revealed that on bailable warrants issued against the petitioner were MOHAMMAD WASEEM ANSARI 2025.08.06 10:21 I attest to the accuracy and integrity of this document CRM-M-11603 received back unserved, proclamation against that the learned trial Court before or not recorded its proper satisfaction that was concealing himself so that the warrant of arrest, previously issued, cannot be executed, despite reasonable diligence, which was i provisions of Section 82(1) of Cr.P.C. Reliance upon Rohit Kumar Vs. State of Delhi : 2008 Crl. J. 8. reveals that the proclamation was not read over the town or per Section 82 (2) of Cr.P.C. f 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 ord 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 are conjunctive publication of the proclamation unless all the three modes of publication are proved. Reliance in this regard can be placed upon The State of W.B. : 1973 9. view of the ratio of law as laid down in above cited authorities petition is allowed and the impugned order dated 11603-2025 (O&M) received back unserved, the learned trial Court had ordered for issuance of proclamation against him for 17.02.2018. that the learned trial Court before ordering for publication of proclamation has not recorded its proper satisfaction that that the petitioner had absconded or was concealing himself so that the warrant of arrest, previously issued, cannot be executed, despite reasonable diligence, which was i provisions of Section 82(1) of Cr.P.C. Reliance Rohit Kumar Vs. State of Delhi : 2008 Crl. J. Further, a perusal of the statement of the serving police official reveals that the proclamation was not read over the town or village in which the petitioner was supposed to be residing. Section 82 (2) of Cr.P.C. for publication 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 ord 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 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 Reliance in this regard can be placed upon The State of W.B. : 1973 CriLJ 1368. 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 -3- trial Court had ordered for issuance of . A bare perusal of this order shows dering for publication of proclamation has that the petitioner had absconded or was concealing himself so that the warrant of arrest, previously issued, cannot be executed, despite reasonable diligence, which was in violation of the provisions of Section 82(1) of Cr.P.C. Reliance in this regard can be placed Rohit Kumar Vs. State of Delhi : 2008 Crl. J. 2561. Further, a perusal of the statement of the serving police official reveals that the proclamation was not read over in some conspicuous place of petitioner was supposed to be residing. ublication, 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 (c) in Section 82 (2)(i) of the Cr.P.C. and not disjunctive, which means that there would be no valid publication of the proclamation unless all the three modes of publication are Reliance in this regard can be placed upon Pawan Kumar Gupta Vs. 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 17.02.2018, passed by the - trial Court had ordered for issuance of A bare perusal of this order shows dering for publication of proclamation has that the petitioner had absconded or was concealing himself so that the warrant of arrest, previously issued, cannot n violation of the in this regard can be placed Further, a perusal of the statement of the serving police official in some conspicuous place of petitioner was supposed to be residing. As 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 inarily 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 (c) in Section 82 (2)(i) of the Cr.P.C. and not disjunctive, which means that there would be no valid publication of the proclamation unless all the three modes of publication are Pawan Kumar Gupta Vs. and also in , the present , passed by the MOHAMMAD WASEEM ANSARI 2025.08.06 10:21 I attest to the accuracy and integrity of this document CRM-M-11603 Court of learned Additional Sessions J No. 443 dated 29.10.2011, registered under Sections 307, 353, 186 and IPC and Section 25 of the Arms Act at Police Station Meham, District Rohtak, whereby the petitioner had been declared a proclaimed with all consequential proceedings arising therefrom. 10. Court proceedings which would obviously help in speedy conclusion of trial, he is directed to surrender before the learne weeks from today and on doing so, the learned trial Court shall release him on bail, subject to his furnishing fresh personal/surety bonds to its satisfaction. 11. Court, his arrest 12. the learned to be dismissed. 04.08.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 11603-2025 (O&M) Court of learned Additional Sessions Judge, Rohtak in case arising out of FIR No. 443 dated 29.10.2011, registered under Sections 307, 353, 186 and IPC and Section 25 of the Arms Act at Police Station Meham, District Rohtak, whereby the petitioner had been declared a proclaimed with all consequential proceedings arising therefrom. Keeping in view the fact that Court proceedings which would obviously help in speedy conclusion of trial, is directed to surrender before the learne from today and on doing so, the learned trial Court shall release him on bail, subject to his furnishing fresh personal/surety bonds to its satisfaction. 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. 04.08.2025 Whether speaking/reasoned Whether reportable -4- udge, Rohtak in case arising out of FIR No. 443 dated 29.10.2011, registered under Sections 307, 353, 186 and 3 IPC and Section 25 of the Arms Act at Police Station Meham, District Rohtak, whereby the petitioner had been declared a proclaimed person, is quashed with all consequential proceedings arising therefrom. Keeping in view the fact that the petitioner is ready to join the Court proceedings which would obviously help in speedy conclusion of trial, is directed to surrender before the learned trial Court within a period of from today and on doing so, the learned trial Court shall release him on bail, subject to his furnishing fresh personal/surety bonds to its satisfaction. 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 - udge, Rohtak in case arising out of FIR 34 of IPC and Section 25 of the Arms Act at Police Station Meham, District Rohtak, s quashed is ready to join the Court proceedings which would obviously help in speedy conclusion of trial, d trial Court within a period of 04 from today and on doing so, the learned trial Court shall release him on bail, subject to his furnishing fresh personal/surety bonds to its satisfaction. learned trial It is made clear that in case the petitioner fails to appear before , this petition shall be deemed MOHAMMAD WASEEM ANSARI 2025.08.06 10:21 I attest to the accuracy and integrity of this document