RAHUL KUMAR v. STATE OF HARYANA & ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CRM-M-4504-2015 (O&M).

Decided on: January 12, 2016.

Rahul Kumar .. Petitioner(s)

State of Haryana and another .. Respondent(s)

* * *

CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI

* * *

PRESENT Mr.Rajesh Lamba, Advocate,

for the petitioner.

Mr.G.S.Salwara, DAG, Haryana.

M.M.S. BEDI, J. (ORAL)

Petitioner has already put in appearance before the

trial Court on 19.12.2015. He has been granted the concession of

interim bail. The petitioner claims that he had been declared a

proclaimed offender without any proclamation having been served

upon him. In the present case, the proclamation under Section 82

Cr.P.C., had been issued without taking any steps to seek the

presence of the petitioner by issuing any warrants, bailable or non-

bailable, as is apparent from order dated 17.8.2012.

Without expression of any opinion regarding the

illegality and propriety of the proclamation issued, I am of the opinion

that since the petitioner has already put in appearance before the

concerned Court, the order declaring him a proclaimed offender on

20.11.2012, can be set aside as the matter has also been

compromised and a quashing petition has been filed.

The petition is allowed. Order dated 20.11.2012,

declaring the petitioner as a proclaimed offender is hereby set aside.

(M.M.S. BEDI)

JUDGE

January 12, 2016.

rka

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