CRM-M-38295-2026(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (157) CRM-M-38295-2026(O&M) Date of Decision: 16.07.2026 Aman ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present : Mr. Rahul Sangwan, Advocate for the Petitioner. Mr. R.K. Ambavta, DAG, Haryana. **** VIRINDER AGGARWAL, J. (ORAL) 1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure, 1973) for quashing of the order dated 30.09.2024 (Annexure P-5) passed by the learned Judicial Magistrate First Class, Panipat, whereby the petitioner has been declared as a Proclaimed Person in case FIR No. 27 dated 03.02.2021 under Sections 420, 467, 468, 471 of IPC (corresponding to Sections 318, 338(5), 336(3), 340 of BNS) and Section 61 of the Excise Act, registered at Police Station Ishrana, District Panipat, along with all consequential proceedings arising therefrom. 2. Learned counsel for the petitioner submits that the petitioner was regularly appearing before the trial Court. However, due to his permanent shifting of residence along with his family to another place much prior to the proceedings, he could not receive any notice or intimation. It is contended that the proclamation proceedings culminating in the impugned order dated 30.09.2024 are vitiated on account of non-compliance with the mandatory SAURAV PATHANIA 2026.07.16 18:52 I attest to the accuracy and integrity of this document CRM-M-38295-2026(O&M) 2 requirements of Section 82 of the Code of Criminal Procedure, 1973. The proclamation itself was issued on 03.08.2024 fixing the date of appearance as 29.08.2024, which is only 26 days from the date of the proclamation. Even if the date of actual publication/affixation is taken as 10.08.2024 (as per the statement of the executing officer), the period granted is still less than the statutory minimum of 30 clear days mandated under Section 82(1) Cr.P.C. It is argued that this defect goes to the root of the jurisdiction of the trial Court to declare the petitioner as a Proclaimed Person. 3. It is further submitted that the petitioner undertakes to surrender before the learned trial Court and face the proceedings. He has no intention of evading the process of law and is willing to furnish fresh bail bonds. 4. Notice of motion. 5. On the other hand, learned State counsel opposes the petition and submits that the trial Court has followed due process before declaring the petitioner as a Proclaimed Person. 6. I have heard learned counsel for the parties and have perused the record including the impugned order, the proclamation, the statement of the executing officer and other relevant material. 7. At the outset, the relevant provision of the Cr.P.C. is reproduced as below: "Section 82.Proclamation for person absconding.- (1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him SAURAV PATHANIA 2026.07.16 18:52 I attest to the accuracy and integrity of this document CRM-M-38295-2026(O&M) 3 to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.” xx xx xx xx 8. Section 82(1) of the Code of Criminal Procedure, 1973 mandates that the Court shall publish a written proclamation requiring the person to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation. The requirement of minimum 30 days is Any proclamation fixing an appearance date short of this statutory period is illegal and without jurisdiction. 9. In the present case, the record reveals that vide order dated 16.07.2024, the learned JMIC, Panipat ordered issuance of proclamation under Section 82/83 Cr.P.C. against the petitioner fixing 29.08.2024 as the date of appearance. The proclamation document itself is dated 03.08.2024. The statement of the executing officer records that he visited the place on 10.08.2024 and effected publication/affixation. Thus, on the face of the record, the petitioner was granted less than 30 clear days from the date of the proclamation/publication to appear before the Court. The subsequent order passed on 29.08.2024 adjourning the matter stating that the statutory period of 30 days had not been expired, cannot cure the initial defect in the proclamation itself. 10. This Court in Ashok Kumar vs. State of Haryana, 2013(4) RCR (Criminal) 550 has held that where the publication was effected and the accused was directed to appear before expiry of 30 days, the subsequent adjournment of the case beyond 30 days would not amount to compliance of the mandatory provision of Section 82(1) Cr.P.C. The proclamation and the consequential order declaring the person as proclaimed offender/person were set aside. SAURAV PATHANIA 2026.07.16 18:52 I attest to the accuracy and integrity of this document CRM-M-38295-2026(O&M) 4 11. In the present case, the proclamation proceedings suffer from a fundamental illegality as the order declaring petitioner as proclaimed person is unsustainable in law. 12. In view of the aforesaid facts and circumstances, the present petition is allowed. The impugned order dated 30.09.2024 (Annexure P-5) passed by the learned JMIC, Panipat, whereby the petitioner has been declared as a Proclaimed Person, is hereby set aside. 13. Accordingly, the petitioner is free to appear before the learned trial Court. The trial court may proceed in accordance with law. In case petitioner fails to appear within seven (7) days from today, the trial court may initiate the process to declare the petitioner as proclaimed offender. 13. Pending miscellaneous application(s), if any, shall also stand disposed of. (VIRINDER AGGARWAL) JUDGE 16.07.2026 Saurav Pathania Whether speaking/reasoned: Yes/No Whether Reportable : Yes/No SAURAV PATHANIA 2026.07.16 18:52 I attest to the accuracy and integrity of this document