CRM-M-22840-2025 (O&M) -1- 124 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-22840-2025 (O&M) DATE OF DECISION: 15.05.2025 YASEEN MOHAMMAD ......PETITIONER Vs. STATE OF PUNJAB .........RESPONDENT CORAM: HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN Present: Ms. Sidhi Bansal, Advocate, for the petitioner. ***** HARPREET KAUR JEEWAN, J. (ORAL) 1. Petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed for quashing of the impugned order, dated 20.11.2024 (Annexure P-2), passed by learned Judicial Magistrate Ist Class, Malerkotla, whereby, petitioner has been declared as a Proclaimed Person in case FIR No. 25, dated 29.04.2019, under Sections 323, 342, 447, 511, 506, 148 and 149 IPC, registered at Police Station Sandaur, District Sangrur and all consequential proceedings arising therefrom. 2. Learned counsel for the petitioner contends that petitioner was regularly appearing before the trial Court. However, after 03.09.2024, he could not appear before the trial Court. The matter was adjourned from time to time and ultimately, the petitioner has been declared Proclaimed Person, in terms of the impugned order dated 20.11.2024 (Annexure P-2) passed by the trial Court, without following due procedure under Sections 82 and 84 of the ‘Bharatiya Nagarik Suraksha Sanhita’, 2023. As per the statement of the serving official recorded on 24.09.2024 (Annexure P-6), Nitin 2025.05.16 17:20 I attest to the accuracy and integrity of this document CRM-M-22840-2025 (O&M) -2- the contents of the notice issued by the trial Court were not read aloud and the said statement only reflects that one copy is alleged to have been affixed at the Bus Stand of the village and another copy on the notice board of the Court. 2.1 It is further submitted that the petitioner has been implicated falsely at the instance of his neighbourers and relatives. 2.2 Learned counsel for the petitioner also submits that apart from the present FIR, there are 5 other FIRs registered against the petitioner. He has also supplied a copy of the chart showing the details of the other FIRs, including the present FIR, registered against the petitioner. The same is taken on record. The status of the other FIRs pending against the petitioner is given as under:- Sr. No. Particular of FIR` Status of learned trial Court State of Hon’ble Punjab and Haryana High Court 1. FIR No. 100, dated 29.10.2019, under Sections 341/323/506/34 IPC, registered at Police Station Sandaur, District Malerkotla. Petitioner is declared as Proclaimed Person on 07.12.2024. Preferred quashing petition in CRM-M- 22208-2025 in which the petitioner is directed to surrender before the learned trial Court within a week. 2. FIR No. 256, dated 27.05.2022, under Sections 420/465/467/468/471/ 120- B/419 IPC, registered at Police Station Sohana, District SAS Nagar, Mohali Trial is in process and now fixed for 21.07.2025. Granted Regular bail in CRM-M-34829-2022. 3. FIR No. 55, dated 11.06.2023, under Sections 419/420/467/468/471/ 120-B IPC, registered at Police Station Phul, District Bathinda. ‘Challan’ not filed. Granted Regular bail in CRM-M-50598 of 2023 on 12.10.2023. Nitin 2025.05.16 17:20 I attest to the accuracy and integrity of this document CRM-M-22840-2025 (O&M) -3- 4. FIR No. 02, dated 05.01.2023, under Sections 323/308/325/341/34/ 201 IPC, registered at Police Station Sandaur, District Malerkotla. ---- Anticipatory bail pending in CRM-M- 23523-2025 for 27.05.2025. 5. FIR No. 53, dated 20.03.2024, under Sections 420/406/465/467/468/ 471/120-B IPC, registered at Police Station Sadar, Khanna ---- ---- 3. Notice of motion. 4. On the asking of the Court, Ms. Ramta Chowdhary, D.A.G., Punjab, accepts notice on behalf of the respondent-State. She has opposed the present petition, on the ground that there are 5 other criminal cases pending against the petitioner, however, has not disputed the status of the cases as disclosed by the counsel for the petitioner. It is also not disputed that the other cases have no bearing on the impugned order, dated 20.11.2024 (Annexure P-2) having been passed by the trial Court declaring the petitioner as Proclaimed Person. 5. In view of the limited prayer made by the learned counsel for the petitioner, the instant petition is disposed of with directions to the petitioner to appear and surrender before the trial Court within 10 days from today. Till then, no coercive steps be taken against the petitioner. Since, the petitioner has evaded the Court proceedings for a long time, it is hereby ordered that this order shall be subject to payment of costs of `50,000/- to be paid to the District Legal Service Authority, Malerkotla, which shall be a condition precedent. 6. In case, on appearance and surrender within 10 days from today, the petitioner moves an application for bail, the trial Court shall Nitin 2025.05.16 17:20 I attest to the accuracy and integrity of this document CRM-M-22840-2025 (O&M) -4- make earnest efforts to decide it expeditiously, in accordance with law. 7. In case there is a failure on the part of the petitioner, this order shall remain automatically vacated and learned trial Court shall be at liberty to proceed as per law. 8. Pending miscellaneous application(s), if any, shall also stand disposed of. MAY 15, 2025 (HARPREET KAUR JEEWAN) nitin JUDGE Whether Speaking Yes Whether Reportable No Nitin 2025.05.16 17:20 I attest to the accuracy and integrity of this document