CRM-M-27621 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 131 Satvir Singh State of Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA BATRA, J. 1. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 quashing of order dated learned Judicial No. 16 dated Police Station declared a proclaimed 2. grounds and it has been argued by his counsel that the petitioner has been falsely implicated in this case pendency of the notice/war relevant time. 27621-2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Satvir Singh Versus State of Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. G. P. S. Ghuman, Advocate for the petitioner. Ms. Himani Arora, AAG, Punjab. MANISHA BATRA, J. (Oral) The instant petition has been filed by the petitioner under Section Bharatiya Nagarik Suraksha Sanhita, 2023 quashing of order dated 22.04.2024 (Annexure P learned Judicial Magistrate First Class, Sunam dated 29.01.2014, registered under Sections 323 and 451 of IPC Police Station Dirba, District Sangrur, declared a proclaimed person. The present petition has been grounds and it has been argued by his counsel that the petitioner has been falsely implicated in this case. The petitioner had no knowledge about the pendency of the case against him as notice/warrants issued by the learned trial Court. relevant time. More so, the petitioner had been declared a proclaimed -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-27621-2025 (O&M) Date of decision: 20.05.2025 ...Petitioner Versus ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA G. P. S. Ghuman, Advocate Ms. Himani Arora, AAG, Punjab. The instant petition has been filed by the petitioner under Section Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) (Annexure P-7), passed by the Court of Sunam in case arising out of FIR 29.01.2014, registered under Sections 323 and 451 of IPC , whereby the petitioner had been 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 The petitioner had no knowledge about the case against him as he was never served with any trial Court. He was abroad during he petitioner had been declared a proclaimed offender - 2025 (O&M) 20.05.2025 ...Petitioner ...Respondent The instant petition has been filed by the petitioner under Section (for short ‘BNSS’) for Court of of FIR 29.01.2014, registered under Sections 323 and 451 of IPC at whereby the petitioner had been filed by the petitioner on the grounds and it has been argued by his counsel that the petitioner has been The petitioner had no knowledge about the he was never served with any He was abroad during offender MOHAMMAD WASEEM ANSARI 2025.05.21 09:31 I attest to the accuracy and integrity of this document CRM-M-27621 without following the proper procedure prescribed under Section 82 Cr.P.C. Hence, it is urged that the 3. petition and is ready to argue the matter, having due avoided his appearance before the rightly declared a proclaimed liable to be dismissed. 4. and have also gone through the material placed on record. 5. 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 offender, I am of the considered opinion that the impugned order dated 22.04.2024 all the consequential proceedings arising therefrom. 6. discussing the requirements necessary for issuance and publication of proclamation against an absconder under Section 82 Cr.P.C. and for declaring him as a proclaimed person/offender. These requirements have been discussed from time to time in Bishundayal Mahton and others Vs. Emperor : AIR 1943 Patna 366, Devender Singh Negi Vs. State of U.P. : 1994 Crl LJ (Allahabad HC) 1783, 27621-2025 (O&M) following the proper procedure prescribed under Section 82 Cr.P.C. Hence, it is urged that the impugned order is liable to be set aside. Per contra, learned State counsel petition and is ready to argue the matter, due knowledge about the pendency of the trial and had intentionally avoided his appearance before the learned rightly declared a proclaimed person. Hence, it is urged that the petition is liable to be dismissed. I have heard learned counsel for the 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 proceed 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 22.04.2024 suffers from material illegalities and is liable to be quashed with e consequential proceedings arising therefrom. There are catena of judgments of different High Courts discussing the requirements necessary for issuance and publication of proclamation against an absconder under Section 82 Cr.P.C. and for declaring m as a proclaimed person/offender. These requirements have been discussed from time to time in Rohit Kumar Vs. Stat Bishundayal Mahton and others Vs. Emperor : AIR 1943 Patna 366, Devender Singh Negi Vs. State of U.P. : 1994 Crl LJ (Allahabad HC) 1783, -2- following the proper procedure prescribed under Section 82 Cr.P.C. er is liable to be set aside. earned State counsel, who has advance notice of the petition and is ready to argue the matter, has argued that the petitioner was knowledge about the pendency of the trial and had intentionally learned trial Court. Therefore, he was . Hence, it is urged that the petition is I have heard learned counsel for the parties at considerable length 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 suffers from material illegalities and is liable to be quashed with e consequential proceedings arising therefrom. There are catena of judgments of different High Courts discussing the requirements necessary for issuance and publication of proclamation against an absconder under Section 82 Cr.P.C. and for declaring m as a proclaimed person/offender. These requirements have been discussed Rohit Kumar Vs. State of Delhi : 2008 Crl. J. 2561 Bishundayal Mahton and others Vs. Emperor : AIR 1943 Patna 366, Devender Singh Negi Vs. State of U.P. : 1994 Crl LJ (Allahabad HC) 1783, - following the proper procedure prescribed under Section 82 Cr.P.C. , who has advance notice of the has argued that the petitioner was knowledge about the pendency of the trial and had intentionally trial Court. Therefore, he was . Hence, it is urged that the petition is 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 ings 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 suffers from material illegalities and is liable to be quashed with There are catena of judgments of different High Courts discussing the requirements necessary for issuance and publication of proclamation against an absconder under Section 82 Cr.P.C. and for declaring m as a proclaimed person/offender. These requirements have been discussed e of Delhi : 2008 Crl. J. 2561, Bishundayal Mahton and others Vs. Emperor : AIR 1943 Patna 366, Devender Singh Negi Vs. State of U.P. : 1994 Crl LJ (Allahabad HC) 1783, MOHAMMAD WASEEM ANSARI 2025.05.21 09:31 I attest to the accuracy and integrity of this document CRM-M-27621 Gurappa Gugal and others Vs. State of Mysore : 1969 CriLJ 826, Shokat Ali Vs. State of of Punjab : (P&H) 2015 (8) R.C.R. (criminal) 166, Ashok Kumar Vs. State of Haryana and another : 2013 (4) RCR (Criminal) 550, Pawan Kumar Gupta Vs. The State of W.B. : 1973 CriLJ 1368, Birad Dan Vs. State : 1958 CriLJ 965, and Pal Singh Vs. The State : 1955 CriLJ 318. 7. copies of zimini orders passed by the 04.01.2024 unserved with the report that he had gone abroad ordered for issuance of proclamation English Tribune that the petitioner was granted only 15 days’ time to cause his appearance before the learned trial Court and he was not granted the 30 days for the said purpose. Hence, the same was i provisions of Section 82(1) Cr.P.C., as per which, a specified time of not less than 30 days is required to be given to the accused from the date of publishing such proclamation which is mandatory in nature. Reliance in this regar be placed upon 826 and Shokat Ali Vs. State of Haryna : 2020(2) RCR (Criminal) 339. 8. it thinks fit, direct a copy of the newspaper circulating in the place in which such person ordinarily resides. 27621-2025 (O&M) Gurappa Gugal and others Vs. State of Mysore : 1969 CriLJ 826, Shokat Ali Vs. State of Haryna : 2020(2) RCR (Crimin of Punjab : (P&H) 2015 (8) R.C.R. (criminal) 166, Ashok Kumar Vs. State of Haryana and another : 2013 (4) RCR (Criminal) 550, Pawan Kumar Gupta Vs. The State of W.B. : 1973 CriLJ 1368, Birad Dan Vs. State : 1958 CriLJ 965, Negi alias Debu Vs. State of U.P. and another, 1994 Cri LJ 1783 Pal Singh Vs. The State : 1955 CriLJ 318. After going through the material placed on record as well as the copies of zimini orders passed by the learned 04.01.2024, since the notice issued to the with the report that he had gone abroad ordered for issuance of proclamation through publication in newspaper i.e. English Tribune against him for 19.01.2024. that the petitioner was granted only 15 days’ time to cause his appearance before the learned trial Court and he was not granted the 30 days for the said purpose. Hence, the same was i provisions of Section 82(1) Cr.P.C., as per which, a specified time of not less than 30 days is required to be given to the accused from the date of publishing such proclamation which is mandatory in nature. Reliance in this regar be placed upon Gurappa Gugal and others Vs. Shokat Ali Vs. State of Haryna : 2020(2) RCR (Criminal) 339. Further, as per Section 82(2)(ii) of Cr.P.C., it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides. -3- Gurappa Gugal and others Vs. State of Mysore : 1969 CriLJ 826, Shokat Ali Haryna : 2020(2) RCR (Criminal) 339, Dilbagh Singh Vs. State of Punjab : (P&H) 2015 (8) R.C.R. (criminal) 166, Ashok Kumar Vs. State of Haryana and another : 2013 (4) RCR (Criminal) 550, Pawan Kumar Gupta Vs. The State of W.B. : 1973 CriLJ 1368, Birad Dan Vs. State : 1958 Negi alias Debu Vs. State of U.P. and another, 1994 Cri LJ 1783 Pal Singh Vs. The State : 1955 CriLJ 318. After going through the material placed on record as well as the learned trial Court, it is revealed that on notice issued to the petitioner was received back with the report that he had gone abroad, the learned trial Court had through publication in newspaper i.e. 19.01.2024. A perusal of this order reveals that the petitioner was granted only 15 days’ time to cause his appearance before the learned trial Court and he was not granted the mandatory period of 30 days for the said purpose. Hence, the same was in clear violation of the provisions of Section 82(1) Cr.P.C., as per which, a specified time of not less than 30 days is required to be given to the accused from the date of publishing such proclamation which is mandatory in nature. Reliance in this regard can Gurappa Gugal and others Vs. State of Mysore : 1969 CriLJ Shokat Ali Vs. State of Haryna : 2020(2) RCR (Criminal) 339. Further, as per Section 82(2)(ii) of Cr.P.C., the Court may also, if proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides. - Gurappa Gugal and others Vs. State of Mysore : 1969 CriLJ 826, Shokat Ali al) 339, Dilbagh Singh Vs. State of Punjab : (P&H) 2015 (8) R.C.R. (criminal) 166, Ashok Kumar Vs. State of Haryana and another : 2013 (4) RCR (Criminal) 550, Pawan Kumar Gupta Vs. The State of W.B. : 1973 CriLJ 1368, Birad Dan Vs. State : 1958 Negi alias Debu Vs. State of U.P. and another, 1994 Cri LJ 1783 After going through the material placed on record as well as the at on received back trial Court had through publication in newspaper i.e. A perusal of this order reveals that the petitioner was granted only 15 days’ time to cause his appearance mandatory period of n clear violation of the provisions of Section 82(1) Cr.P.C., as per which, a specified time of not less than 30 days is required to be given to the accused from the date of publishing d can State of Mysore : 1969 CriLJ the Court may also, if proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides. MOHAMMAD WASEEM ANSARI 2025.05.21 09:31 I attest to the accuracy and integrity of this document CRM-M-27621 However, a perusal of order dated 04.01.2024 would also reveal that the learned trial Court has straightway resorted to publication in the newspaper without following the procedure as provided under Section 82(2)(i) of Cr.P.C. Hence, the same was not in pr of Cr.P.C. 9. serving police official to the learned trial Court that the petitioner abroad i.e. Italy and even at one point of time, asked for his address in abroad that any efforts of the petitioner in abroad, where the process could be sent to him. No let Ministry of External Affairs qua service of notice/warrants/proclamation against the petitioner is shown to have been written by the As such, it can reasonably be presumed that the process never reached the petitioner and hence, 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 placed upon Online (P&H) 8663 10. view of the ratio of law as laid down in above cited authorities petition is allowed and the impugned order dated passed by the arising out 27621-2025 (O&M) However, a perusal of order dated 04.01.2024 would also reveal that the learned trial Court has straightway resorted to publication in the newspaper without following the procedure as provided under Section 82(2)(i) of Cr.P.C. Hence, the same was not in proper compliance of the provisions of Section 82 of Cr.P.C. A perusal of the record also shows that it was reported by the serving police official to the learned trial Court that the petitioner abroad i.e. Italy and even at one point of time, asked for his address in abroad. However, that any efforts were made by the Court concerned to know about the address of the petitioner in abroad, where the process could be sent to him. No let Ministry of External Affairs qua service of notice/warrants/proclamation against the petitioner is shown to have been written by the 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 placed upon Manjit Kaur Online (P&H) 8663. 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 arising out of FIR No. 16 dated 29.01.2014, registered under Sections 323 and -4- However, a perusal of order dated 04.01.2024 would also reveal that the learned trial Court has straightway resorted to publication in the newspaper without following the procedure as provided under Section 82(2)(i) of Cr.P.C. oper compliance of the provisions of Section 82 A perusal of the record also shows that it was reported by the serving police official to the learned trial Court that the petitioner had gone abroad i.e. Italy and even at one point of time, the learned trial Court had . However, there is nothing on record to show were made by the Court concerned to know about the address of the petitioner in abroad, 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 learned trial Court. As such, it can reasonably be presumed that the process never reached the 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 Manjit Kaur vs. State of Punjab : 2013 SCC 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 22.04.2024 (Annexure P Magistrate First Class, Sunam in case of FIR No. 16 dated 29.01.2014, registered under Sections 323 and - However, a perusal of order dated 04.01.2024 would also reveal that the learned trial Court has straightway resorted to publication in the newspaper without following the procedure as provided under Section 82(2)(i) of Cr.P.C. oper compliance of the provisions of Section 82 A perusal of the record also shows that it was reported by the had gone the learned trial Court had there is nothing on record to show were made by the Court concerned to know about the address ter to Ministry of External Affairs qua service of notice/warrants/proclamation trial Court. As such, it can reasonably be presumed that the process never reached the 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 vs. State of Punjab : 2013 SCC and also in , the present 24 (Annexure P-7), in case of FIR No. 16 dated 29.01.2014, registered under Sections 323 and MOHAMMAD WASEEM ANSARI 2025.05.21 09:31 I attest to the accuracy and integrity of this document CRM-M-27621 451 of IPC at Police Station Dirba, District Sangrur, had been declared a proclaimed proceedings arising therefrom. 11. concerned within a period of anticipatory bail, if any passed on his petition to be filed under Section BNSS. In the absence of any order for grant of anticipatory bail and on such surrender, the petitioner shall be liable to be remanded to judicial custody subject to any order for grant of regular bail to be passed by the concerned Court in accordance with law. 12. the concerned Court for grant of regular bail, then the concerned Court shall be bound to dispose of the same expeditiously and that nothing in this order shall be treated as expression of any opinion on merits so as to bind or influence the concerned Court in disposal of the same. 13. Court, his arrest 13. the learned shall be deemed to be dismissed. 20.05.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 27621-2025 (O&M) 451 of IPC at Police Station Dirba, District Sangrur, had been declared a proclaimed person, is quashed with all consequential proceedings arising therefrom. However, the petitioner is directed to surrender before the Court concerned within a period of four weeks, subject to order anticipatory bail, if any passed on his petition to be filed under Section In the absence of any order for grant of anticipatory bail and on such surrender, the petitioner shall be liable to be remanded to judicial custody t to any order for grant of regular bail to be passed by the concerned Court in accordance with law. Needless to observe that in case any application is filed before the concerned Court for grant of regular bail, then the concerned Court shall d to dispose of the same expeditiously and that nothing in this order shall be treated as expression of any opinion on merits so as to bind or influence the concerned Court in disposal of the same. 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 a period of four weeks from today, this petition shall be deemed to be dismissed. 20.05.2025 Whether speaking/reasoned Whether reportable -5- 451 of IPC at Police Station Dirba, District Sangrur, whereby the petitioner , is quashed with all consequential However, the petitioner is directed to surrender before the Court weeks, subject to order for grant of anticipatory bail, if any passed on his petition to be filed under Section 482 In the absence of any order for grant of anticipatory bail and on such surrender, the petitioner shall be liable to be remanded to judicial custody t to any order for grant of regular bail to be passed by the concerned Needless to observe that in case any application is filed before the concerned Court for grant of regular bail, then the concerned Court shall d to dispose of the same expeditiously and that nothing in this order shall be treated as expression of any opinion on merits so as to bind or influence the concerned Court in disposal of the same. Till the appearance of the petitioner before the learned It is made clear that in case the petitioner fails to appear before trial Court within a period of four weeks from today, this petition (MANISHA BATRA) JUDGE Yes/No Yes/No - whereby the petitioner , is quashed with all consequential However, the petitioner is directed to surrender before the Court for grant of 482 of In the absence of any order for grant of anticipatory bail and on such surrender, the petitioner shall be liable to be remanded to judicial custody t to any order for grant of regular bail to be passed by the concerned Needless to observe that in case any application is filed before the concerned Court for grant of regular bail, then the concerned Court shall d to dispose of the same expeditiously and that nothing in this order shall be treated as expression of any opinion on merits so as to bind or ned trial It is made clear that in case the petitioner fails to appear before trial Court within a period of four weeks from today, this petition MOHAMMAD WASEEM ANSARI 2025.05.21 09:31 I attest to the accuracy and integrity of this document