CRM-M-46526-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 140 CRM-M-46526-2026 Date of Decision: 10.09.2026 BRHAM SINGH TANWAR .....PETITIONER VERSUS STATE OF HARYANA AND ANR ...RESPONDENTS CORAM: HON’BLE MR. JUSTICE H.S.GREWAL Present: Mr. Angrej Singh, Advocate with Mr. R.K.Malik, Advocate for the petitioner. **** H.S. GREWAL, J. (ORAL) 1. This petition has been filed under Section 528 of BNSS for quashing of order dated 09.08.2017 passed by JMIC, Gurugram vide which the petitioner has been declared as proclaimed offender in NACT case No. 8702 of 2016 instituted on 20.07.2016 titled as Kulwant Rai Sharma Vs. Braham Singh. 2. Learned counsel for the petitioner contends that the petitioner’s non-appearance before the learned Trial Court was neither intentional nor wilful. It is submitted that the petitioner was not aware of the proceedings and that the warrants/proclamation proceedings were initiated without effective service upon him. He further submits that the mandatory procedure prescribed under Section 82 Cr.P.C. was not duly complied with, including the requirement of proper publication and sufficient notice to the petitioner. It is argued that the petitioner is a permanent resident of New Delhi and was not deliberately evading the process of law. Learned counsel further submits that the petitioner is ready and willing to appear before the learned Trial Court, RENU RAWAT 2026.09.11 10.16 I attest to the accuracy and integrity of this document Chandigarh CRM-M-46526-2026 2 therefore, prays that the proclamation/proclaimed offender proceedings and the consequential order dated 09.08.2017 may be quashed. 3. Notice of motion. 4. On the asking of the Court, Mr. Rakesh Kumar Jangra, AAG, Haryana accepts notice on behalf of the respondent-State. 5. This Court deems it appropriate to decide this case without issuing notice to respondent No.2. 6. I have heard learned counsel for the parties and gone through the case file. 7. In view of the limited prayer made by the petitioner, this Court does not find any legitimate ground to interfere in the impugned order dated 09.08.2017 passed by ld. JMIC, Gurugram. However, in case the petitioner surrenders before the trial Court within a period of 07 days from today and moves an application for grant of regular bail, the trial Court is directed to consider and decide the same on the very same day, in accordance with law. 8. With these observations, the present petition stands disposed of. (H.S.GREWAL) 10.09.2026 JUDGE renu Whether speaking/ reasoned : Yes/No Whether Reportable : Yes/No RENU RAWAT 2026.09.11 10.16 I attest to the accuracy and integrity of this document Chandigarh