131 IN THE HIGH COURT OF PUNJAB AND HARYANA RAJWINDER KAUR STATE OF PUNJAB CORAM: HON’BLE MR. Present: Mr. for the petitioner. HARPREET SINGH BRAR 1. This is the first petition filed under Section 528 Nagarik Suraksha Sanhita (BNSS) dated 21.10.2024 Amritsar (Annexure P person in case stemming from FIR No. Sections 420/465/467/468/471/120 2. Learned counsel for the petitioner submits that petitioner was regular bail and was regularly appearing before the learned trial Court. However, due to unavoidable circumstances, trial Court and subsequently, declared the petitioner as proclaimed 3. Learned counsel for the petitioner proclamation was issued against the petitioner Section 82 Cr.P.C. and non the entire proceedings IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RAJWINDER KAUR V/S PUNJAB HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Umesh Aggarwal, Advocate for the petitioner. **** HARPREET SINGH BRAR, J. (ORAL) This is the first petition filed under Section 528 Suraksha Sanhita (BNSS), 2023 seeking quashing of impugned order 21.10.2024 passed by learned Additional Chief Judicial Magistrate, (Annexure P-4), whereby the petitioner was declared as proclaimed in case stemming from FIR No.250 dated 420/465/467/468/471/120-B of IPC at Police Station Learned counsel for the petitioner submits that petitioner was and was regularly appearing before the learned trial Court. , due to unavoidable circumstances, she could no trial Court and subsequently, the trial Court vide order dated declared the petitioner as proclaimed person. Learned counsel for the petitioner proclamation was issued against the petitioner Section 82 Cr.P.C. and non-compliance of the mandatory provisions vitiates the entire proceedings, which suffers from incurable illegality IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-18668-2025 Date of decision: 07.04.2025 ...PETITIONER ...RESPONDENT HARPREET SINGH BRAR This is the first petition filed under Section 528 Bharatiya , 2023 seeking quashing of impugned order Additional Chief Judicial Magistrate, ), whereby the petitioner was declared as proclaimed ed 25.12.2018 registered under at Police Station Sadar, Amritsar. Learned counsel for the petitioner submits that petitioner was on and was regularly appearing before the learned trial Court. he could not appear before the the trial Court vide order dated 21.10.2024, Learned counsel for the petitioner inter alia contends that without following the drill of compliance of the mandatory provisions vitiates which suffers from incurable illegality as she was MANISHA 2025.04.07 16:49 I attest to the accuracy and authenticiy of this order/judgment CRM-M-18668 never served and the 4. Notice of 5. Mr. Subhash Godara Court, accepts notice on behalf of respondent the petitioner along with co dated 26.09.2023, whereby her bail/surety bonds were forfeited on account of non-appearance. However, despite granting her interim protection, she did not appear before the learned trial Court. As such, he the learned trial Court by contending that the petitioner did not put in appearance before the trial Court intentionally and deliberately and, therefore, having left with no other option, proclamation was issued to secure presence. 6. I have heard learned counsel for the record of the case with disposal. 7. While the scheme of criminal justice system necessitates curtailment of personal liberty to some ex that the same is done in line with the procedure established by law to maintain a healthy balance between personal liberty of the individual interests of the society in promoting law and order. Such procedur compatible with Article 21 of the Constitution of India i.e. it must be fair, just and not suffer from the vice of arbitrariness or unreasonableness. 8. A perusal of the impugned order reveals that the trial Court issued proclamation without re absconded or is concealing 18668-2025 2 never served and the impugned order is liable to be set aside. Notice of motion. Mr. Subhash Godara, Addl. A.G., Punjab Court, accepts notice on behalf of respondent- the petitioner along with co-accused approached dated 26.09.2023, whereby her bail/surety bonds were forfeited on account of appearance. However, despite granting her interim protection, she did not appear before the learned trial Court. As such, he the learned trial Court by contending that the petitioner did not put in appearance before the trial Court intentionally and deliberately and, therefore, having left with no other option, proclamation was issued to secure I have heard learned counsel for the record of the case with their able assistance, the matter is taken up for final While the scheme of criminal justice system necessitates curtailment of personal liberty to some extent, it is of the utmost importance that the same is done in line with the procedure established by law to maintain a healthy balance between personal liberty of the individual interests of the society in promoting law and order. Such procedur compatible with Article 21 of the Constitution of India i.e. it must be fair, just and not suffer from the vice of arbitrariness or unreasonableness. A perusal of the impugned order reveals that the trial Court issued proclamation without recording reasons of its belief that the petitioner has absconded or is concealing herself. This Court in the judgment passed in impugned order is liable to be set aside. , Addl. A.G., Punjab, who is present in the -State and submits that earlier, accused approached this Court against the order dated 26.09.2023, whereby her bail/surety bonds were forfeited on account of appearance. However, despite granting her interim protection, she did not appear before the learned trial Court. As such, he supports the order passed by the learned trial Court by contending that the petitioner did not put in appearance before the trial Court intentionally and deliberately and, therefore, having left with no other option, proclamation was issued to secure her I have heard learned counsel for the parties and perused the able assistance, the matter is taken up for final While the scheme of criminal justice system necessitates tent, it is of the utmost importance that the same is done in line with the procedure established by law to maintain a healthy balance between personal liberty of the individual-accused and interests of the society in promoting law and order. Such procedure must be compatible with Article 21 of the Constitution of India i.e. it must be fair, just and not suffer from the vice of arbitrariness or unreasonableness. A perusal of the impugned order reveals that the trial Court issued cording reasons of its belief that the petitioner has . This Court in the judgment passed in MANISHA 2025.04.07 16:49 I attest to the accuracy and authenticiy of this order/judgment CRM-M-18668 Major Singh @ Major Vs. State of Punjab 2023 (3) RCR (Criminal) 406; 2023 (2) Law Herald 1506 satisfaction before issuance of process under Section 82 of Cr.P.C. and non recording of the satisfaction itself makes such order suffering from incurable illegality. In the judgment passed by this Court in 2021 (1) RCR (Crl.) 319 Section 82 (2) Cr.P.C. for the publication of a proclamation against an absconder are mandatory. Any non an ‘irregularity’ and renders the proc thereto a nullity. 9. The sole purpose of issuance of non of proclamation is to secure presence of the accused before the trial Court. The petitioner in the present case has 10. In view of the aforesaid facts and circumstances and in view of the ratio of law laid down in petition is allowed 4), vide which, the petitioner was 11. The petitioner is directed to appear before the trial Court within a period of two weeks from today and on bail on her furnishing bail bonds and s trial Court, along with costs of Rs. Pingalwara Charitable Society, Amritsar Court. 12. Receipt of payment of cost must be presented before learned trial Court and learned trial Court is directed to verify the same. 18668-2025 3 Major Singh @ Major Vs. State of Punjab 2023 (3) RCR (Criminal) 406; 2023 (2) Law Herald 1506 has held that the Court is first re satisfaction before issuance of process under Section 82 of Cr.P.C. and non recording of the satisfaction itself makes such order suffering from incurable illegality. In the judgment passed by this Court in 21 (1) RCR (Crl.) 319, it has been held that the con (2) Cr.P.C. for the publication of a proclamation against an absconder are mandatory. Any non-compliance therewith cannot be cured as an ‘irregularity’ and renders the proclamation and proceedings subsequent thereto a nullity. The sole purpose of issuance of non of proclamation is to secure presence of the accused before the trial Court. The petitioner in the present case has herself come forward. In view of the aforesaid facts and circumstances and in view of the ratio of law laid down in Major Singh @ Major petition is allowed and the impugned order dated the petitioner was declared as proclaimed The petitioner is directed to appear before the trial Court within a weeks from today and on her doing so, furnishing bail bonds and surety bonds to the satisfaction of the Court, along with costs of Rs.20,000/- to be deposited with the Pingalwara Charitable Society, Amritsar for wasting Receipt of payment of cost must be presented before learned trial Court and learned trial Court is directed to verify the same. Major Singh @ Major Vs. State of Punjab 2023 (3) RCR (Criminal) 406; has held that the Court is first required to record its satisfaction before issuance of process under Section 82 of Cr.P.C. and non- recording of the satisfaction itself makes such order suffering from incurable illegality. In the judgment passed by this Court in Sonu Vs. State of Haryana , it has been held that the conditions specified in (2) Cr.P.C. for the publication of a proclamation against an compliance therewith cannot be cured as lamation and proceedings subsequent The sole purpose of issuance of non-bailable warrants or issuance of proclamation is to secure presence of the accused before the trial Court. The orward. In view of the aforesaid facts and circumstances and in view of Major Singh @ Major (supra), the present dated 21.10.2024 (Annexure P- proclaimed person is quashed. The petitioner is directed to appear before the trial Court within a doing so, she shall be admitted to urety bonds to the satisfaction of the to be deposited with the All India wasting precious time of the Receipt of payment of cost must be presented before learned trial Court and learned trial Court is directed to verify the same. MANISHA 2025.04.07 16:49 I attest to the accuracy and authenticiy of this order/judgment CRM-M-18668 13. It is made clear that in case, the petitioner fails to appear before the trial Court within a stipulated period, the interi Court shall be deemed to be vacated. April 07, 2025 manisha (i) (ii) 18668-2025 4 It is made clear that in case, the petitioner fails to appear before the trial Court within a stipulated period, the interi Court shall be deemed to be vacated. (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable It is made clear that in case, the petitioner fails to appear before the trial Court within a stipulated period, the interim protection granted by this HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.04.07 16:49 I attest to the accuracy and authenticiy of this order/judgment