CRM-M-17403 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 141 Tajinder Singh State of Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA BATRA, J. 1. 528 of Bhar quashing of order dated learned Judicial Magistrate Amrik Singh and others registered under Sections 324, 148 and 149 of IPC at Police Station Nakodar, District Jalandhar, offender. 2. grounds and it has been argued by his counsel that the petitioner has been falsely implicated in compromise was effected between the part fide impression that he had been exonerated in the case, had gone abroad to earn livelihood. It is further argued that he notice/warrants Court. Even otherwise, 17403-2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Tajinder Singh Versus State of Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Lakhwinder Singh Mann, Advocate for the petitioner. MANISHA BATRA, J. (Oral) The instant petition has been filed by the petitioner under Section Bharatiya Nagarik Suraksha Sanhita, 2023 quashing of order dated 20.07.2004 (Annexure P Judicial Magistrate First Class, Nakodar Amrik Singh and others, arising out of registered under Sections 324, 148 and 149 of IPC at Police Station Nakodar, District Jalandhar, whereby the petitioner had been declared a proclaimed 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 compromise was effected between the part impression that he had been exonerated in the case, had gone abroad to earn livelihood. It is further argued that he notice/warrants at his ordinary place of residence Even otherwise, the petitioner had been declared a proclaimed -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-17403-2025 (O&M) Date of decision: 01.04.2025 ...Petitioner Versus ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA . Lakhwinder Singh Mann, Advocate The instant petition has been filed by the petitioner under Section tiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) (Annexure P-5), passed by the Court of Nakodar in case titled as State vs. arising out of FIR No. 355 dated 11.10.2001, registered under Sections 324, 148 and 149 of IPC at Police Station Nakodar, whereby the petitioner had been declared a proclaimed 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. After registration of the FIR, a compromise was effected between the parties and the petitioner, under a bona impression that he had been exonerated in the case, had gone abroad to earn livelihood. It is further argued that he was never served with at his ordinary place of residence issued by the learned he petitioner had been declared a proclaimed offender - 2025 (O&M) 01.04.2025 ...Petitioner ...Respondent The instant petition has been filed by the petitioner under Section (for short ‘BNSS’) for Court of State vs. 355 dated 11.10.2001, registered under Sections 324, 148 and 149 of IPC at Police Station Nakodar, whereby the petitioner had been declared a proclaimed 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 After registration of the FIR, a bona impression that he had been exonerated in the case, had gone abroad to was never served with any d trial offender MOHAMMAD WASEEM ANSARI 2025.04.02 10:19 I attest to the accuracy and integrity of this document CRM-M-17403 without following the proper procedure prescribed under Section 82 Cr.P.C. The petitioner is ready to join the Court proceedings. urged that the 3. length and have also gone through the material placed on record. 4. 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 offender, I am of the considered opinion that the impugned order dated 20.07.2004 all the consequential proceedings arising therefrom. 5. copies of zim 05.04.2004 against the petitioner the learned trial Court before ordering for publication of proclamation has not recorded its proper satisfaction that concealing himself so that the warrant of ar executed, despite reasonable diligence, which was in violation of the provisions of Section 82(1) of Cr.P.C. Reliance upon Rohit Kumar Vs. State of Delhi : 2008 Crl. J. 6. reveals that the proclamation was not read over the town or 17403-2025 (O&M) following the proper procedure prescribed under Section 82 The petitioner is ready to join the Court proceedings. urged that the impugned order is liable to be set aside. 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 20.07.2004 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 05.04.2004, the learned trial Court had ordered for issuance of proclamation the petitioner for 28.05.2004. A bare perusal of this order shows 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 ar executed, despite reasonable diligence, which was in violation of the 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. -2- following the proper procedure prescribed under Section 82 The petitioner is ready to join the Court proceedings. Hence, it is order is liable to be set aside. I have heard learned counsel for the petitioner at considerable 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 till the date of declaring him a proclaimed , I am of the considered opinion that the impugned order dated suffers from material illegalities and is liable to be quashed with all the consequential proceedings arising therefrom. er going through the material placed on record as well as the learned trial Court, it is revealed that on trial Court had ordered for issuance of proclamation A bare perusal of this order shows that the learned trial Court before ordering for publication of proclamation has not 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. rusal of the statement of the serving police official reveals that the proclamation was not read over in some conspicuous place of r was supposed to be residing. As per - following the proper procedure prescribed under Section 82 of Hence, it is petitioner at considerable 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 till the date of declaring him a proclaimed , I am of the considered opinion that the impugned order dated suffers from material illegalities and is liable to be quashed with rd as well as the revealed that on trial Court had ordered for issuance of proclamation A bare perusal of this order shows that the learned trial Court before ordering for publication of proclamation has not that the petitioner had absconded or was rest, previously issued, cannot be executed, despite reasonable diligence, which was in violation of the in this regard can be placed rusal of the statement of the serving police official in some conspicuous place of As per MOHAMMAD WASEEM ANSARI 2025.04.02 10:19 I attest to the accuracy and integrity of this document CRM-M-17403 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 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 are conjunctive and not dis 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 7. his livelihood, which was in the notice of the complainant. efforts whatsoever were made by the Court concerned to know about the address of the petitioner in abroad other source External Affairs qua service of notice/warrants/proclamation against the petitioner is shown to have been written by the trial Court. As such, it can reasonably be presumed that the process hence, he had no occasion to conceal himself. As such, the action of the trial Court by switching to the proclamation proceedings under Section 82 Cr.P.C. can itself be stated to be bad in the eyes of law. Reliance in this placed upon 8663. 17403-2025 (O&M) 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 ordinarily ides 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. The petitioner has taken a plea that he had gone abroad to earn his livelihood, which was in the notice of the complainant. efforts whatsoever were made by the Court concerned to know about the address of the petitioner in abroad either from the complainant other source, where the process could be sent to him. No letter to Ministry of External Affairs qua service of notice/warrants/proclamation against the petitioner is shown to have been written by the trial Court. As such, it can reasonably be presumed that the process hence, he had no occasion to conceal himself. As such, the action of the trial Court by switching to the proclamation proceedings under Section 82 Cr.P.C. can itself be stated to be bad in the eyes of law. Reliance in this placed upon Manjit Kaur vs. State of Punjab : 2013 SCC Online (P&H) -3- 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 ides 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. junctive, 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. r has taken a plea that he had gone abroad to earn his livelihood, which was in the notice of the complainant. However, no efforts whatsoever were made by the Court concerned to know about the either from the complainant or from any , where the process could be sent to him. No letter to Ministry of External Affairs qua service of notice/warrants/proclamation against the petitioner is shown to have been written by the trial Court. As such, it can reasonably be presumed that the process never reached the petitioner and hence, he had no occasion to conceal himself. As such, the action of the trial Court by switching to the proclamation proceedings under Section 82 Cr.P.C. can itself be stated to be bad in the eyes of law. Reliance in this context can be Manjit Kaur vs. State of Punjab : 2013 SCC Online (P&H) - 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 ides 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. junctive, which means that there would be no valid publication of the proclamation unless all the three modes of publication are Pawan Kumar Gupta Vs. r has taken a plea that he had gone abroad to earn However, no efforts whatsoever were made by the Court concerned to know about the or from any , where the process could be sent to him. No letter to Ministry of External Affairs qua service of notice/warrants/proclamation against the petitioner is shown to have been written by the trial Court. As such, it can never reached the petitioner and hence, he had no occasion to conceal himself. As such, the action of the trial Court by switching to the proclamation proceedings under Section 82 Cr.P.C. context can be Manjit Kaur vs. State of Punjab : 2013 SCC Online (P&H) MOHAMMAD WASEEM ANSARI 2025.04.02 10:19 I attest to the accuracy and integrity of this document CRM-M-17403 8. view of the ratio of law as laid down in above cited authorities petition is allowe passed by the case titled as dated 11.10.2001, registered under Sections 324 Station Nakodar, District Jalandhar, a proclaimed therefrom. 9. Court proceedings which would obviously help in speedy conclusion of trial, he is directed to surrender before the learned trial Court within a period of weeks from today and on doing so, the learned trial Court shall release him on bail, subject to his furnishing personal/surety bonds to its satisfaction. 10. Court, his arrest 11. the learned to be dismissed. 12. Rs. 20,000/ Authority, Jalandhar. 01.04.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 17403-2025 (O&M) 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 passed by the Court of learned Judicial Magistrate titled as State vs. Amrik Singh and others dated 11.10.2001, registered under Sections 324 Station Nakodar, District Jalandhar, whereby the petitioner had been declared a proclaimed offender, is quashed with all consequential proceedings arising therefrom. Keeping in view the fact that the petitioner is ready t Court proceedings which would obviously help in speedy conclusion of trial, he is directed to surrender before the learned trial Court within a period of weeks from today and on doing so, the learned trial Court shall release him on ject to his furnishing 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. However, this relief shall be subject to payment of cost of ,000/-, to be deposited by the petitioner with the Authority, Jalandhar. 01.04.2025 Whether speaking/reasoned Whether reportable -4- 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 d and the impugned order dated 20.07.2004 (Annexure P Judicial Magistrate First Class, Nakodar in State vs. Amrik Singh and others, arising out of FIR No. 355 dated 11.10.2001, registered under Sections 324, 148 and 149 of IPC at Police whereby the petitioner had been declared is quashed with all consequential proceedings arising Keeping in view the fact that the petitioner is ready to join the Court proceedings which would obviously help in speedy conclusion of trial, he is directed to surrender before the learned trial Court within a period of weeks from today and on doing so, the learned trial Court shall release him on ject to his furnishing 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 However, this relief shall be subject to payment of cost of , to be deposited by the petitioner with the District Legal Servi (MANISHA BATRA) JUDGE Yes/No Yes/No - and also in , the present 20.07.2004 (Annexure P-5), Nakodar in , arising out of FIR No. 355 , 148 and 149 of IPC at Police whereby the petitioner had been declared is quashed with all consequential proceedings arising o join the Court proceedings which would obviously help in speedy conclusion of trial, he is directed to surrender before the learned trial Court within a period of 04 weeks from today and on doing so, the learned trial Court shall release him on learned trial It is made clear that in case the petitioner fails to appear before , this petition shall be deemed However, this relief shall be subject to payment of cost of District Legal Services MOHAMMAD WASEEM ANSARI 2025.04.02 10:19 I attest to the accuracy and integrity of this document