CRM-M-49354 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 122 Navjit Kaur @ Navjeet Kaur Shashi Kapoor and others CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA BATRA, J. 1. 528 of Bhar bearing No. COMI/545/2018, titled as others, filed under Sections 420 and 120 before the Court of learned Judicial Magistrate First Class, Jalandhar as well as for quashing of order dated 23.05.2024 petitioner had been declared a proclaimed 2. claim only to the extent of quashing of order dated 23.05.2024 (Annexure P 3. grounds and it has been argued by falsely implicated in with any notice/warrants issued by the petitioner had been declared a proclaimed person without procedure prescribed under Section 82 49354-2024 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Navjit Kaur @ Navjeet Kaur Versus Kapoor and others CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Ms. Harpreet S. Rakhra, Advocate for the petitioner. MANISHA BATRA, J. (Oral) The instant petition has been filed by the petitioner under Section Bharatiya Nagarik Suraksha Sanhita, 2023 bearing No. COMI/545/2018, titled as Shashi Kapoor vs. Jaspal Singh , filed under Sections 420 and 120- before the Court of learned Judicial Magistrate First Class, Jalandhar as well as for quashing of order dated 23.05.2024 petitioner had been declared a proclaimed Vide order dated 14.01.2025 claim only to the extent of quashing of order dated 23.05.2024 (Annexure P-10). The present petition has been filed by the petitioner on the grounds and it has been argued by her counse falsely implicated in the aforementioned with any notice/warrants issued by the petitioner had been declared a proclaimed person without procedure prescribed under Section 82 of -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-49354-2024 (O&M) Date of decision: 03.04.2025 ...Petitioner Versus ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA s. Harpreet S. Rakhra, Advocate The instant petition has been filed by the petitioner under Section tiya Nagarik Suraksha Sanhita, 2023 for quashing of complaint Shashi Kapoor vs. Jaspal Singh -B of IPC (Annexure P-1), pending before the Court of learned Judicial Magistrate First Class, Jalandhar as well as for quashing of order dated 23.05.2024 (Annexure P-10), whereby person. 01.2025, the petitioner has restricted claim only to the extent of quashing of order dated 23.05.2024 The present petition has been filed by the petitioner on the counsel that the petitioner has been the aforementioned complaint. She was never served with any notice/warrants issued by the learned trial Court. More so, t petitioner had been declared a proclaimed person without following the proper of Cr.P.C. She is ready to join the - 2024 (O&M) 03.04.2025 ...Petitioner ...Respondents The instant petition has been filed by the petitioner under Section complaint and , pending before the Court of learned Judicial Magistrate First Class, Jalandhar as well , whereby the , the petitioner has restricted her claim only to the extent of quashing of order dated 23.05.2024 The present petition has been filed by the petitioner on the l that the petitioner has been never served trial Court. More so, the following the proper is ready to join the MOHAMMAD WASEEM ANSARI 2025.04.04 09:02 I attest to the accuracy and integrity of this document CRM-M-49354 Court proceedings. set aside. 4. length 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 person, I am of the considered opinion that the impugned order dated 23.05.2024 all the consequential proceedings arising therefrom. 6. copies of zim 22.03.2024 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 rea 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 49354-2024 (O&M) Court proceedings. Hence, it is urged that the 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 initia 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 23.05.2024 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 22.03.2024, 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 23.05.2024. learned trial Court before ordering for publication of proclamation has not recorded its proper satisfaction that 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 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 read over the town or village in which the petitioner was supposed to be residing. -2- Hence, it is urged that the impugned order is liable to be I have heard learned counsel for the petitioner at considerable 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 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 all the consequential proceedings arising therefrom. After 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 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 sonable diligence, which was in violation of the provisions of Section 82(1) of Cr.P.C. 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 read over in some conspicuous place of petitioner was supposed to be residing. - impugned order is liable to be at considerable On giving due deliberations to the contentions as raised by learned counsel for the parties and on an overall perusal of the orders passed ting 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 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 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 sonable 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 MOHAMMAD WASEEM ANSARI 2025.04.04 09:02 I attest to the accuracy and integrity of this document CRM-M-49354 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 affixed to some conspicuous part of the house or homestead in which the accused ord 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 three sub are conjunctive publication of the proclamation unless all the three modes of publication are proved. Reliance in this regard can be placed upon The State of W.B. : 1973 8. view of the ratio of law as laid down in above cited authorities petition is partly P-10), passed by the the 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 trial Court shall release bail, subject to 11. Court, her 49354-2024 (O&M) 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 affixed to some conspicuous part of the house or homestead in which the accused ord 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 partly allowed and the impugned order dated , passed by the learned trial Court in the aforementioned case, the 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 trial Court shall release bail, subject to her furnishing fresh personal/surety bonds to its satisfaction. Till the appearance of the petitioner before the arrest shall remain stayed. -3- ublication, 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. 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 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 allowed and the impugned order dated 23.05.2024 (Annexure ourt in the aforementioned case, whereby the petitioner had been declared a proclaimed person, is quashed with all consequential proceedings arising therefrom. 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 her furnishing fresh personal/surety bonds to its satisfaction. Till the appearance of the petitioner before the learned - 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 inarily 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. 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 (Annexure whereby , 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 MOHAMMAD WASEEM ANSARI 2025.04.04 09:02 I attest to the accuracy and integrity of this document CRM-M-49354 12. the learned to be dismissed. 13. Rs. 5,000/ Authority, Jalandhar. 03.04.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 49354-2024 (O&M) It is made clear that in case the petitioner fails to appe learned trial Court within the stipulated time to be dismissed. However, this relief shall be subject to payment o ,000/-, to be deposited by the petitioner with the Authority, Jalandhar. 03.04.2025 Whether speaking/reasoned Whether reportable -4- 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 District Legal Services (MANISHA BATRA) JUDGE Yes/No Yes/No - ar before , this petition shall be deemed f cost of District Legal Services MOHAMMAD WASEEM ANSARI 2025.04.04 09:02 I attest to the accuracy and integrity of this document