CRM-M-31118 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 294 Sukhdeep Singh State of Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA BATRA, J. 1. CRM-29590 2. CRM-M 528 of Bhar quashing of order dated learned Judicial Magistrate First Class, vs. Sukhdeep Singh under Section 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Tarn Taran 3. grounds and it has been argued by his counsel that the petitioner ha falsely implicated in 31118-2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Sukhdeep Singh Versus State of Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Narinder S. Lucky, Advocate for the petitioner. Mr. Vivek Sharma, AAG, Punjab. MANISHA BATRA, J. (Oral) 29590-2025 Allowed as prayed for. Annexure P-3 is taken on record. M-31118-2025 (O&M) The instant petition has been filed by the petitioner under Section Bharatiya Nagarik Suraksha Sanhita, 2023 quashing of order dated 28.04.2025 (Annexure P Judicial Magistrate First Class, Khadoor Sahib Sukhdeep Singh, arising out of FIR No. under Section 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 Tarn Taran, 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 his counsel that the petitioner ha falsely implicated in the aforementioned case -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-31118-2025 (O&M) Date of decision: 20.08.2025 ...Petitioner Versus ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Narinder S. Lucky, Advocate Mr. Vivek Sharma, AAG, Punjab. 3 is taken on record. The instant petition has been filed by the petitioner under Section tiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) (Annexure P-2), passed by the Court of Khadoor Sahib in case titled as State , arising out of FIR No. 14 dated 22.02.2021, registered under Section 379 of IPC and Section 21(1) of Mines and Minerals Act, 1957 at Police Station Verowal, District whereby the petitioner had been declared a proclaimed offender 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 case. The petitioner was on bail and - 2025 (O&M) 20.08.2025 ...Petitioner ...Respondent The instant petition has been filed by the petitioner under Section (for short ‘BNSS’) for Court of State , registered under Section 379 of IPC and Section 21(1) of Mines and Minerals Verowal, District offender. The present petition has been filed by the petitioner on the s been was on bail and MOHAMMAD WASEEM ANSARI 2025.08.21 15:52 I attest to the accuracy and integrity of this document CRM-M-31118 was regularly appearing before the learned trial Court. However, he absented himself on counsel, consequent to which, his bail was cancelled and non warrants were issued against him. Subsequently, the petitioner could not appear before the Court as he was issued by the proclaimed Section 84 of BNSS ready to join the Court proceedings. order is liable to be set aside. 4. 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 dismissed. 5. and have also gone through the material placed on record. 6. learned counsel for the parties and on an overall perusal of the orders passed by the learned 84 of BNSS proclaimed dated 28.04.2025 with all the consequential proceedings arising therefrom. 7. copies of zim 31118-2025 (O&M) was regularly appearing before the learned trial Court. However, he absented himself on 24.10.2024 due to non-communication of date of hearing by his , consequent to which, his bail was cancelled and non warrants were issued against him. Subsequently, the petitioner could not appear before the Court as he was never served with any notice/warrants issued by the learned trial Court. More so, t proclaimed offender without following the proper procedure prescribed under 84 of BNSS (which is pari materia ready to join the Court proceedings. Hence, it is urged that the order is liable to be set aside. Per contra, learned Assistant 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 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 of BNSS as against the petitioner till proclaimed offender, I am of the considered opinion that the impugned order 28.04.2025 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 -2- was regularly appearing before the learned trial Court. However, he absented communication of date of hearing by his , consequent to which, his bail was cancelled and non-bailable warrants were issued against him. Subsequently, the petitioner could not never served with any notice/warrants trial Court. More so, the petitioner had been declared a following the proper procedure prescribed under materia with Section 82 of Cr.P.C.). He is Hence, it is urged that the impugned Assistant Advocate General, Punjab has resisted the petition by submitting that there is no infirmity in the impugned order and the petitioner has rightly been declared a proclaimed offender as he 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. ving 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 as against the petitioner till the date of declaring him a , I am of the considered opinion that the impugned order 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 - was regularly appearing before the learned trial Court. However, he absented communication of date of hearing by his bailable warrants were issued against him. Subsequently, the petitioner could not never served with any notice/warrants petitioner had been declared a following the proper procedure prescribed under He is impugned Advocate General, Punjab has resisted the petition by submitting that there is no infirmity in the impugned as he was running away from the process of Court. It is, thus, urged that the petition at considerable length ving 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 the date of declaring him a , I am of the considered opinion that the impugned order suffers from material illegalities and is liable to be quashed rd as well as the revealed that on MOHAMMAD WASEEM ANSARI 2025.08.21 15:52 I attest to the accuracy and integrity of this document CRM-M-31118 14.02.2025 received back unserved, proclamation against that the learned trial Court before ordering for publication of proclamation has 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 provisions of Section 84 upon Rohit Kumar Vs. State of Delhi : 2008 Crl. J. 8. reveals that the proclamation was not conspicuous place of the town or to be residing. 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 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 84 (4) of BNSS would be no valid publication of the proclamation unless all the three modes of publication are proved. Kumar Gupta Vs. 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 31118-2025 (O&M) 14.02.2025, since the non-bailable warrants issued against the petitioner were received back unserved, the learned trial Court had ordered for issuance of proclamation against him for 01.04.2025. that the learned trial Court before ordering for publication of proclamation has not recorded its proper satisfaction that that the was concealing himself so that the warrant of arrest, previously issued, cannot be executed, despite reasonable diligence, which was in violation provisions of Section 84(1) of BNSS. Reliance Rohit 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 conspicuous place of the town or village in which the to be residing. As per Section 84 (2) of 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 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 Court-house. The th BNSS 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 be placed upon Kumar Gupta Vs. The State of W.B. : 1973 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 -3- bailable warrants issued against the petitioner were rial 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 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 . Reliance in this regard can be placed Rohit 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 publically read over in some village in which the petitioner was supposed (2) of BNSS for publication, 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 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 house. The three sub-clauses (a)-(c) in Section are conjunctive and not disjunctive, which means that there would be no valid publication of the proclamation unless all the three modes Reliance in this regard can be placed upon Pawan Kumar Gupta Vs. The State of W.B. : 1973 CriLJ 1368. 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 28.04.2025 (Annexure P - bailable warrants issued against the petitioner were rial 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 petitioner had absconded or was concealing himself so that the warrant of arrest, previously issued, cannot of the in this regard can be placed Further, a perusal of the statement of the serving police official in some petitioner was supposed 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 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 (c) in Section are conjunctive and not disjunctive, which means that there would be no valid publication of the proclamation unless all the three modes Pawan and also in , the present 28.04.2025 (Annexure P-2), MOHAMMAD WASEEM ANSARI 2025.08.21 15:52 I attest to the accuracy and integrity of this document CRM-M-31118 passed by the in case titled as 22.02.2021, and Minerals (Development and Regulation) Act, 1957 at Police Station Verowal, District Tarn Taran, proclaimed therefrom. 10. Court proceedings which would obviously help in speedy conclusion of trial, he is directed to surrender before the learned trial Court within a perio weeks from today and on doing so, the learned trial Court shall release him on bail, subject to his furnishing fresh personal/surety bonds to its satisfaction. 11. Court, his arrest 12. the learned to be dismissed. 13. Rs. 10,000/ High Court Employees’ Welfare Association, Chandigarh. 20.08.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 31118-2025 (O&M) passed by the Court of learned Judicial Magistrate First Class, case titled as State vs. Sukhdeep Singh 22.02.2021, registered under Section 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 at Police Station Verowal, District Tarn Taran, whereby the petitioner had been declared a proclaimed offender, is quashed with all consequen 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 perio from today and on doing so, the learned trial Court shall release him on bail, subject to his furnishing fresh personal/surety bonds to its satisfaction. 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 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. 20.08.2025 Whether speaking/reasoned Whether reportable -4- Judicial Magistrate First Class, Khadoor Sahib Sukhdeep Singh, arising out of FIR No. 14 dated registered under Section 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 at Police Station whereby the petitioner had been declared a , is quashed with all consequential proceedings arising Keeping in view 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 him on bail, subject to his 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 , to be deposited by the petitioner with the Punjab and Haryana High Court Employees’ Welfare Association, Chandigarh. (MANISHA BATRA) JUDGE Yes/No Yes/No - Khadoor Sahib , arising out of FIR No. 14 dated registered under Section 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 at Police Station whereby the petitioner had been declared a tial proceedings arising is ready to join the Court proceedings which would obviously help in speedy conclusion of trial, d of 04 from today and on doing so, the learned trial Court shall release him on bail, subject to his 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 MOHAMMAD WASEEM ANSARI 2025.08.21 15:52 I attest to the accuracy and integrity of this document