CRM-M-29451 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 323 Jaswant Kaur State of Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA BATRA, J. 1. 528 of Bhar 30.05.2024 Judicial Magistrate, Singh and others under Sections Mansa, whereby the petitioner had been declared a proclaimed 2. grounds and it has been argued by falsely implicated in Since the petitioner is an old lady, aged abo Singapore for better medical treatment, due to which, she could not appear before the learned trial Court on 12.03.2024. Consequently, her bail was cancelled and non the petitioner could not appear before the Court as 29451-2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Jaswant Kaur Versus State of Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Lakshay Bector, Advocate for the petitioner. Mr. Durgesh Garg, AAG, Punjab. MANISHA BATRA, J. (Oral) The instant petition has been filed by the petitioner under Section Bharatiya Nagarik Suraksha Sanhita, 2023 30.05.2024 (Annexure P-11), passed by the Judicial Magistrate, Budhlada in case titled as Singh and others, arising out of FIR No. under Sections 420 and 120-B of IPC at Police Station 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 her counsel that the petitioner has been falsely implicated in the aforementioned Since the petitioner is an old lady, aged abo Singapore for better medical treatment, due to which, she could not appear before the learned trial Court on 12.03.2024. Consequently, her bail was cancelled and non-bailable warrants were issued against her. petitioner could not appear before the Court as -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-29451-2025 (O&M) Date of decision: 12.08.2025 ...Petitioner Versus ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Lakshay Bector, Advocate Mr. Durgesh Garg, AAG, Punjab. The instant petition has been filed by the petitioner under Section tiya Nagarik Suraksha Sanhita, 2023 for quashing of order dated , passed by the Court of learned Sub Divisional titled as State of Punjab vs. Hakam , arising out of FIR No. 64 dated 23.09.2009, registered at Police Station Budhlada, District whereby the petitioner had been declared a proclaimed person. The present petition has been filed by the petitioner on the counsel that the petitioner has been the aforementioned case. The petitioner was on bail. Since the petitioner is an old lady, aged about 90 years, she had moved to Singapore for better medical treatment, due to which, she could not appear before the learned trial Court on 12.03.2024. Consequently, her bail was bailable warrants were issued against her. Subsequently, petitioner could not appear before the Court as she was never served with - 2025 (O&M) 12.08.2025 ...Petitioner ...Respondent The instant petition has been filed by the petitioner under Section for quashing of order dated Sub Divisional State of Punjab vs. Hakam , registered Budhlada, District The present petition has been filed by the petitioner on the counsel that the petitioner has been was on bail. ut 90 years, she had moved to Singapore for better medical treatment, due to which, she could not appear before the learned trial Court on 12.03.2024. Consequently, her bail was Subsequently, never served with MOHAMMAD WASEEM ANSARI 2025.08.13 15:57 I attest to the accuracy and integrity of this document CRM-M-29451 any notice/warrants issued by the had been declared a proclaimed person without procedure prescribed under Section 82 Court proceedings. set aside. 3. resisted the petition by submitting that there is no infirmity in the impugned order and the petitioner has rightly been declared a proclaimed was running away from the process of Court. It is, thus, urged that the petition is liable to be dismiss 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 person, I am of the considered opinion that the impugned order dated 30.05.2024 all the consequential proceedings arising therefrom. 6. copies of zim 02.04.2024 received back unserved, proclamation against that the learned trial Court before ordering for publication of proclamation has 29451-2025 (O&M) any notice/warrants issued by the learned had been declared a proclaimed person without procedure prescribed under Section 82 of Court proceedings. Hence, it is urged that the Per contra, learned Assistant the petition by submitting that there is no infirmity in the impugned order and the petitioner has rightly been declared a proclaimed was running away from the process of Court. It is, thus, urged that the petition is liable to be dismissed. 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 , I am of the considered opinion that the impugned order dated 30.05.2024 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 02.04.2024, since the non-bailable warrants issued against the petitioner were received back unserved, the learned trial Court had ordered for issuance of proclamation against her for 30.05.2024. that the learned trial Court before ordering for publication of proclamation has -2- learned trial Court. More so, the petitioner had been declared a proclaimed person without following the proper of Cr.P.C. She is ready to join the Hence, it is urged that the impugned order is liable to be Assistant Advocate General, Punjab has the petition by submitting that there is no infirmity in the impugned order and the petitioner has rightly been declared a proclaimed person as was running away from the process of Court. It is, thus, urged that the petition I have heard learned counsel for the parties at considerable length 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 her 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. going through the material placed on record as well as the learned trial Court, it is revealed that on bailable warrants issued against the petitioner were trial Court had ordered for issuance of . A bare perusal of this order shows that the learned trial Court before ordering for publication of proclamation has - he petitioner following the proper is ready to join the impugned order is liable to be Advocate General, Punjab has the petition by submitting that there is no infirmity in the impugned as she was running away from the process of Court. It is, thus, urged that the petition 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 trial Court from the date of initiating proceedings under Section 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 bailable warrants issued against the petitioner were trial Court had ordered for issuance of A bare perusal of this order shows that the learned trial Court before ordering for publication of proclamation has MOHAMMAD WASEEM ANSARI 2025.08.13 15:57 I attest to the accuracy and integrity of this document CRM-M-29451 not recorded its proper satisfaction that 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 upon Rohit Kumar Vs. State of Delhi : 2008 Crl. J. 7. reveals that the proclamation was not read over the town or per 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 affi 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 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 proved. Reliance in this regard can b The State of W.B. : 1973 9. view of the ratio of law as laid down in above cited authorities petition is allowed and the impugned order dated 11), passed by the Budhlada in arising out of FIR No. 64 d 29451-2025 (O&M) not recorded its proper satisfaction that that the petition 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 ohit 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. 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 affi 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 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. 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 Sub Divisional Budhlada in case titled as State of Punjab vs. Hakam Singh and others arising out of FIR No. 64 dated 23.09.2009, registered under Sections 420 and -3- 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 ohit Kumar Vs. State of Delhi : 2008 Crl. J. 2561. Further, a perusal of the statement of the serving police official reveals that the proclamation was not read over in some conspicuous place of petitioner was supposed to be residing. 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 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 (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 e placed upon Pawan Kumar Gupta Vs. 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 30.05.2024 (Annexure P Court of learned Sub Divisional Judicial Magistrate, State of Punjab vs. Hakam Singh and others ated 23.09.2009, registered under Sections 420 and - er 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 in this regard can be placed Further, a perusal of the statement of the serving police official in some conspicuous place of petitioner was supposed to be residing. As the proclamation has to be first publicly read in some conspicuous place of the town or village in which the xed 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 (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 Pawan Kumar Gupta Vs. and also in , the present 30.05.2024 (Annexure P- Judicial Magistrate, State of Punjab vs. Hakam Singh and others, ated 23.09.2009, registered under Sections 420 and MOHAMMAD WASEEM ANSARI 2025.08.13 15:57 I attest to the accuracy and integrity of this document CRM-M-29451 120-B of IPC at Police Station Budhlada, District Mansa, petitioner had been declared a proclaimed consequential proceedings arising therefrom. 10. Court proceedings which would obviously help in speedy conclusion of trial, she is directed to surrender before the learned trial Court within a period of weeks from today and on doing so, the learned tr bail, subject to 11. Court, her 12. the learned to be dismissed. 13. Rs. 20,000/ High Court Employees’ Welfare Association, Chandigarh. The payment of cost by the petitioner shall be a pre accept bail bonds of the petitioner. 12.08.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 29451-2025 (O&M) B of IPC at Police Station Budhlada, District Mansa, petitioner had been declared a proclaimed consequential proceedings arising therefrom. Keeping in view the fact that Court proceedings which would obviously help in speedy conclusion of trial, is directed to surrender before the learned trial Court within a period of from today and on doing so, the learned tr bail, subject to her furnishing fresh personal/surety bonds to its satisfaction. Till the appearance of the petitioner before the her 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 o 0,000/-, to be deposited by the petitioner with the High Court Employees’ Welfare Association, Chandigarh. The payment of cost by the petitioner shall be a pre-requisite for the learned trial Court to accept bail bonds of the petitioner. 12.08.2025 Whether speaking/reasoned Whether reportable -4- B of IPC at Police Station Budhlada, District Mansa, whereby the petitioner had been declared a proclaimed person, is quashed with all consequential proceedings arising therefrom. the fact that the petitioner is ready to join the Court proceedings which would obviously help in speedy conclusion of trial, is directed to surrender before the learned trial Court within a period of from today and on doing so, the learned trial Court shall release her furnishing fresh 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 Punjab and Haryana High Court Employees’ Welfare Association, Chandigarh. The payment of requisite for the learned trial Court to (MANISHA BATRA) JUDGE Yes/No Yes/No - whereby the , is quashed with all is ready to join the Court proceedings which would obviously help in speedy conclusion of trial, is directed to surrender before the learned trial Court within a period of 04 her on furnishing fresh personal/surety bonds to its satisfaction. learned trial It is made clear that in case the petitioner fails to appear before , this petition shall be deemed f cost of Punjab and Haryana High Court Employees’ Welfare Association, Chandigarh. The payment of requisite for the learned trial Court to MOHAMMAD WASEEM ANSARI 2025.08.13 15:57 I attest to the accuracy and integrity of this document