130 IN THE HIGH COURT OF PUNJAB AND HARYANA GURPREET SINGH STATE OF HARYANA AND ANOTHER 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) No.296 dated 24.09.2016 at Police Station City Mandi Dabwali, District Sirsa registered under Section 13 of Punjab Gambling Act impugned order dated 16.07.2022 passed Magistrate, Dabwali, District Sirsa (Annexure P was declared as proclaimed 2. Learned counsel for the petitioner petition to the extent of quashing of FIR extent of quashing of impugned order dated 16.07.2022 (Annexure P which, the petitioner was declared as proclaimed person. 3. Allowed 4. Learned counsel for the petitioner regular bail and was regularly appearing before the learned trial Court, however, during the pendency of the trial, he was misinformed that his name IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH GURPREET SINGH V/S HARYANA AND ANOTHER HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. P.K.S. Phoolka, Advocate for the petitioner. **** HARPREET SINGH BRAR, J. (ORAL) This is the first petition filed under Section 528 Nagarik Suraksha Sanhita (BNSS), 2023 seeking quashing of FIR bearing No.296 dated 24.09.2016 at Police Station City Mandi Dabwali, District Sirsa registered under Section 13 of Punjab Gambling Act impugned order dated 16.07.2022 passed by learned Sub Divisional Judicial Magistrate, Dabwali, District Sirsa (Annexure P was declared as proclaimed person. Learned counsel for the petitioner wishes to withdraw the present petition to the extent of quashing of FIR (supra) extent of quashing of impugned order dated 16.07.2022 (Annexure P which, the petitioner was declared as proclaimed person. Allowed as prayed for. Learned counsel for the petitioner and was regularly appearing before the learned trial Court, however, during the pendency of the trial, he was misinformed that his name IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-26177-2025 Date of decision: 14.05.2025 ...PETITIONER ...RESPONDENTS HARPREET SINGH BRAR This is the first petition filed under Section 528 Bharatiya , 2023 seeking quashing of FIR bearing No.296 dated 24.09.2016 at Police Station City Mandi Dabwali, District Sirsa registered under Section 13 of Punjab Gambling Act (Annexure P-1) and by learned Sub Divisional Judicial Magistrate, Dabwali, District Sirsa (Annexure P-2), whereby the petitioner wishes to withdraw the present (supra) and confines his prayer to the extent of quashing of impugned order dated 16.07.2022 (Annexure P-2), vide which, the petitioner was declared as proclaimed person. Learned counsel for the petitioner submits that petitioner was on and was regularly appearing before the learned trial Court, however, during the pendency of the trial, he was misinformed that his name MANISHA 2025.05.14 17:32 I attest to the accuracy and authenticiy of this order/judgment CRM-M-26177 has been exonerated in could not appear before the trial Court. Due to which, the trial Court vide order dated 16.07.2022 5. Learned counsel for the petitioner proclamation was issued against the petitioner Section 82 Cr.P.C. and non the entire proceedings served and the impugned order is liable to be set aside. 6. Notice of motion. 7. Ms. Geeta Sharma, DAG, Haryana, accepts notice on behalf of respondent the learned trial Court by contending that the appearance before the trial Court intentionally and deliberately and, therefore, having left with no other option, proclamation was issued to secure presence. 8. I have heard learned counsel for the record of the case with disposal. 9. 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 a healthy balance between personal liberty of the individual interests of the society in promoting law and order. Such procedure must be compatible with Article 21 of the Constitution of I and not suffer from the vice of arbitrariness or unreasonableness. 26177-2025 2 has been exonerated in the trial and his presence is not needed. As such, could not appear before the trial Court. Due to which, the trial Court vide 16.07.2022, declared the petitioner as proclaimed 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 e impugned order is liable to be set aside. Notice of motion. Ms. Geeta Sharma, DAG, Haryana, accepts notice on behalf of respondents-State and the learned trial Court by contending that the 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 procedure must be compatible with Article 21 of the Constitution of I and not suffer from the vice of arbitrariness or unreasonableness. the trial and his presence is not needed. As such, he could not appear before the trial Court. Due to which, the trial Court vide , declared the petitioner as proclaimed person. 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 he was never e impugned order is liable to be set aside. Ms. Geeta Sharma, DAG, Haryana, who is present in the Court, State and 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 his 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 curtailment of personal liberty to some extent, it is of the utmost importance 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. MANISHA 2025.05.14 17:32 I attest to the accuracy and authenticiy of this order/judgment CRM-M-26177 10. 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 Major Singh @ Major Vs. State of Punjab 2023 (3) RCR (Criminal) 406; 2023 (2) Law Herald 1506 satisfaction before issuance of process 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 proclamation and proceedings subsequent thereto a nullity. 11. 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 12. In view of the aforesaid facts and circumsta the ratio of law laid down in petition is allowed P-2), vide which quashed. 13. The petitioner is directed to appear before the trial Court within a period of four weeks from today and on bail on his furnishing bail bonds and surety bonds to the satisfaction of the trial Court, along with costs o 26177-2025 3 A perusal of the impugned order reveals that the trial Court issued proclamation without recording reasons of its belief that the petitioner has ded or is concealing himself. This Court in the judgment passed in Major Singh @ Major Vs. State of Punjab 2023 (3) RCR (Criminal) 406; 2023 (2) Law Herald 1506 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 2021 (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 himself come forward. In view of the aforesaid facts and circumsta the ratio of law laid down in Major Singh @ Major petition is allowed and the impugned order dated vide which, the petitioner was declared The petitioner is directed to appear before the trial Court within a weeks from today and on his doing so, furnishing bail bonds and surety bonds to the satisfaction of the Court, along with costs of Rs.10,000/- to be deposited with the Poor A perusal of the impugned order reveals that the trial Court issued proclamation without recording reasons of its belief that the petitioner has . This Court in the judgment passed in Major Singh @ Major Vs. State of Punjab 2023 (3) RCR (Criminal) 406; has held that the Court is first required to record its 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 an ‘irregularity’ and renders the proclamation 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 come forward. In view of the aforesaid facts and circumstances and in view of Major Singh @ Major (supra), the present dated 16.07.2022 (Annexure declared as proclaimed person is The petitioner is directed to appear before the trial Court within a doing so, he shall be admitted to furnishing bail bonds and surety bonds to the satisfaction of the to be deposited with the Poor MANISHA 2025.05.14 17:32 I attest to the accuracy and authenticiy of this order/judgment CRM-M-26177 Patients Welfare Funds, PGIMER, Chandigarh of the Court. 14. Receipt of payment of cost must be presented before learned trial Court and learned trial Court is directed to veri 15. 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 Court shall be deemed to be vacated. May 14, 2025 manisha (i) (ii) 26177-2025 4 Patients Welfare Funds, PGIMER, Chandigarh Receipt of payment of cost must be presented before learned trial Court and learned trial Court is directed to verify the same. 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 Court shall be deemed to be vacated. (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable Patients Welfare Funds, PGIMER, Chandigarh for wasting precious time Receipt of payment of cost must be presented before learned trial fy the same. 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 2025.05.14 17:32 I attest to the accuracy and authenticiy of this order/judgment