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citation codes
Case Number
Disposition
Attorney(S)
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  • provisions of Section 82(1) of Cr.P.C.
  • Section 82 Cr.P.C.
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • provisions of Section 82(1) of Cr.P.C.
  • Section 82 Cr.P.C.
Smart Summary

Factual and Procedural Background

The petitioner, Gurpreet Singh, filed a petition under Section 528 of BNSS, 2023 seeking quashing of the order dated 20.01.2024 (Annexure P-13) passed by the Judicial Magistrate First Class, SBS Nagar in State vs. Gurpreet Singh and another arising out of FIR No. 84 dated 01.06.2019 (registered under Section 420 IPC) by which the petitioner was declared a proclaimed person. The petitioner contended he was falsely implicated, that the matter had been compromised and statements recorded in support of the compromise, and that he was declared a proclaimed person without proper service of summons/warrants or compliance with Section 82 Cr.P.C. The State contended the petitioner had knowledge of the trial and intentionally avoided appearance, justifying the proclamation. The High Court heard argument, reviewed the trial Court's records (including zimini orders) and found procedural defects in the trial Court's proclamation process, ultimately allowing the petition and quashing the impugned order with consequential proceedings, subject to conditions for the petitioner's surrender and bail.

Legal Issues Presented

  1. Whether the impugned order dated 20.01.2024 declaring the petitioner a proclaimed person should be quashed for non-compliance with the requirements of Section 82(1) Cr.P.C. for issuance and publication of a proclamation.
  2. Whether the petitioner was properly served with summons/warrants at his ordinary place of residence prior to declaration as a proclaimed person.

Arguments of the Parties

Petitioner's Arguments

  • The petitioner was falsely implicated in the case.
  • The matter had been compromised and a petition to quash the FIR on that basis had been filed; statements of both parties were recorded before the trial Court in support of the compromise.
  • The petitioner was not served with summons/warrants at his ordinary place of residence and was declared a proclaimed person without following the procedure mandated by Section 82 Cr.P.C.

State's Arguments

  • The petitioner had knowledge of the pendency of the trial and intentionally avoided appearance before the trial Court.
  • Accordingly, the declaration of the petitioner as a proclaimed person was justified.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Rohit Kumar Vs. State of Delhi : 2008 Crl. J. 2561 Requirements for issuance and publication of proclamation under Section 82 Cr.P.C. Specifically relied upon to conclude the trial Court did not record proper satisfaction under Section 82(1) Cr.P.C. before ordering publication of proclamation.
Bishundayal Mahton and others Vs. Emperor : AIR 1943 Patna 366 Requirements for issuance and publication of proclamation under Section 82 Cr.P.C. Cited as authority on requirements for proclamation; relied upon generally in reaching the decision to quash.
Devender Singh Negi Vs. State of U.P. : 1994 Crl LJ (Allahabad HC) 1783 Requirements for issuance and publication of proclamation under Section 82 Cr.P.C. Cited as authority on requirements for proclamation; relied upon generally in reaching the decision to quash.
Gurappa Gugal and others Vs. State of Mysore : 1969 CriLJ 826 Requirements for issuance and publication of proclamation under Section 82 Cr.P.C. Cited as authority on requirements for proclamation; relied upon generally in reaching the decision to quash.
Shokat Ali Vs. State of Haryna : 2020(2) RCR (Criminal) 339 Requirements for issuance and publication of proclamation under Section 82 Cr.P.C. Cited as authority on requirements for proclamation; relied upon generally in reaching the decision to quash.
Dilbagh Singh Vs. State of Punjab : (P&H) 2015 (8) R.C.R. (criminal) 166 Requirements for issuance and publication of proclamation under Section 82 Cr.P.C. Cited as authority on requirements for proclamation; relied upon generally in reaching the decision to quash.
Ashok Kumar Vs. State of Haryana and another : 2013 (4) RCR (Criminal) 550 Requirements for issuance and publication of proclamation under Section 82 Cr.P.C. Cited as authority on requirements for proclamation; relied upon generally in reaching the decision to quash.
Pawan Kumar Gupta Vs. The State of W.B. : 1973 CriLJ 1368 Requirements for issuance and publication of proclamation under Section 82 Cr.P.C. Cited as authority on requirements for proclamation; relied upon generally in reaching the decision to quash.
Birad Dan Vs. State : 1958 CriLJ 965 Requirements for issuance and publication of proclamation under Section 82 Cr.P.C. Cited as authority on requirements for proclamation; relied upon generally in reaching the decision to quash.
Negi alias Debu Vs. State of U.P. and another, 1994 Cri LJ 1783 Requirements for issuance and publication of proclamation under Section 82 Cr.P.C. Cited as authority on requirements for proclamation; relied upon generally in reaching the decision to quash.
Pal Singh Vs. The State : 1955 CriLJ 318 Requirements for issuance and publication of proclamation under Section 82 Cr.P.C. Cited as authority on requirements for proclamation; relied upon generally in reaching the decision to quash.

Court's Reasoning and Analysis

The Court examined the trial Court's file and zimini orders from the initiation of proceedings under Section 82 Cr.P.C. up to the declaration of the petitioner as a proclaimed person. It observed that on 15.07.2023, following non-bailable warrants being returned unserved, the trial Court ordered issuance of a proclamation to be published on 07.10.2023. The Court found the trial Court had not recorded proper satisfaction that the petitioner had absconded or was concealing himself such that the prior warrants could not be executed despite reasonable diligence, thereby violating Section 82(1) Cr.P.C. The Court relied on Rohit Kumar Vs. State of Delhi and other cited authorities discussing the requirements for issuing and publishing a proclamation. On that basis, the impugned order was held to suffer from illegalities and was quashed along with consequential proceedings.

Holding and Implications

IMPUGNED ORDER DATED 20.01.2024 QUASHED

Direct consequences and directions:

  • The petition is allowed and the order declaring the petitioner a proclaimed person (Annexure P-13) is quashed with all consequential proceedings arising therefrom.
  • The petitioner is directed to surrender before the trial Court within four weeks, subject to any order granting anticipatory bail on an application under Section 482 of BNSS. In absence of anticipatory bail, on surrender the petitioner may be remanded to judicial custody subject to any order for regular bail by the concerned Court.
  • If an application for regular bail is filed, the concerned Court is directed to dispose of it expeditiously; nothing in this order is to be treated as an expression of opinion on merits to bind that Court.
  • Until the petitioner's appearance before the trial Court, his arrest is stayed.
  • If the petitioner fails to appear within four weeks, the petition shall be deemed dismissed.

No broader precedent was created by this order beyond application of existing authorities; the decision's immediate effect is limited to quashing the impugned proclamation/order and directing procedural consequences as above.

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    GURPREET SINGH v. STATE OF PUNJAB

    1-

    IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

    HARYANA AT CHANDIGARH

    119

    CRM-M-47374-2024 (O&M) Date of decision: 18.10.2024 Gurpreet Singh ...Petitioner Versus

    State of Punjab ...Respondents

    CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA

    Present:- Mr. Japneet Singh Wadhwa, Advocate for the petitioner.

    Ms. Ruchika Sabherwal, Sr. DAG, Punjab.

    MANISHA BATRA, J. (Oral)

    1. The instant petition has been filed by the petitioner under Section 528 of BNSS, 2023 for quashing of order dated 20.01.2024 (Annexure P-13), passed by the Judicial Magistrate First Class, SBS Nagar in case titled as State vs. Gurpreet Singh and another, arising out of FIR No. 84 dated 01.06.2019, registered under Section 420 of IPC at Police Station City Nawan Shehar, whereby the petitioner had been declared a proclaimed person.

    2. 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 falsely implicated in this case. The matter has already been compromised between the parties and a petition seeking quashing of the aforesaid FIR on the basis of the said compromise has been filed before this Court, wherein the statements of both the parties have been recorded before the trial Court in support of the compromise. However, since the petitioner had been declared a proclaimed person, the FIR was not quashed only for the said reason and, therefore, the

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    petitioner has filed this petition seeking quashing of the PO order. It is further argued that even otherwise, the petitioner was never served with the summons/warrants issued by the trial Court at his ordinary place of residence and had been declared a proclaimed person without following the proper procedure prescribed under Section 82 Cr.P.C. Hence, it is urged that the impugned order is liable to be set aside.

    3. Learned State counsel, who has advance notice of the petition, has argued that the petitioner was having knowledge about the pendency of the trial and had intentionally avoided his appearance before the trial Court. Therefore, he was rightly declared a proclaimed person. Hence, it is urged that the petition is liable to be dismissed.

    4. I have heard learned counsel for the parties and have also gone through the material placed on record.

    5. On giving due deliberations to the contentions as raised by learned counsel for the parties and on an overall perusal of the orders passed by the 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 person, I am of the considered opinion that the impugned order dated 20.01.2024 suffers from some illegalities and is liable to be quashed with all the consequential proceedings arising therefrom.

    6. There are catena of judgments of different High Courts discussing the requirements necessary for issuance and publication of proclamation against an absconder under Section 82 Cr.P.C. and for declaring him as a proclaimed person/offender. These requirements have been discussed from time to time in

    Rohit Kumar Vs. State of Delhi : 2008 Crl. J. 2561, Bishundayal Mahton

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    and others Vs. Emperor : AIR 1943 Patna 366, Devender Singh Negi Vs. State of U.P. : 1994 Crl LJ (Allahabad HC) 1783, Gurappa Gugal and others Vs. State of Mysore : 1969 CriLJ 826, Shokat Ali Vs. State of Haryna :

    2020(2) RCR (Criminal) 339, Dilbagh Singh Vs. State of Punjab : (P&H) 2015 (8) R.C.R. (criminal) 166, Ashok Kumar Vs. State of Haryana and another : 2013 (4) RCR (Criminal) 550, Pawan Kumar Gupta Vs. The State of W.B. : 1973 CriLJ 1368, Birad Dan Vs. State : 1958 CriLJ 965, Negi alias Debu Vs. State of U.P. and another, 1994 Cri LJ 1783 and Pal Singh Vs. The State : 1955 CriLJ 318.

    7. After going through the material placed on record as well as the copies of zimini orders passed by the trial Court, it is revealed that on 15.07.2023, since the non-bailable warrants issued against the petitioner were received back unserved, the trial Court had ordered for issuance of proclamation against him for 07.10.2023. A bare perusal of the said order shows that the 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, could not be executed, despite reasonable diligence, which was in violation of the provisions of Section 82(1) of Cr.P.C. Reliance in this regard can be placed upon Rohit Kumar Vs. State of Delhi : 2008 Crl. J. 2561.

    8. 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 20.01.2024 (Annexure P-13), passed by the Judicial Magistrate First Class, SBS Nagar in case titled as State vs. Gurpreet Singh and another, arising out of FIR No. 84 dated 01.06.2019,

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    registered under Section 420 of IPC at Police Station City Nawan Shehar, whereby the petitioner had been declared a proclaimed person, is quashed with all consequential proceedings arising therefrom.

    10. However, the petitioner is directed to surrender before the Court concerned within a period of four weeks, subject to order for grant of anticipatory bail, if any passed on his petition to be filed under Section 482 of BNSS. In the absence of any order for grant of anticipatory bail and on such surrender, the petitioner shall be liable to be remanded to judicial custody subject to any order for grant of regular bail to be passed by the concerned Court in accordance with law.

    11. Needless to observe that in case any application is filed before the concerned Court for grant of regular bail, then the concerned Court shall be bound to dispose of the same expeditiously and that nothing in this order shall be treated as expression of any opinion on merits so as to bind or influence the concerned Court in disposal of the same.

    12. Till the appearance of the petitioner before the trial Court, his arrest shall remain stayed.

    13. It is made clear that in case the petitioner fails to appear before the trial Court within a period of four weeks from today, this petition shall be deemed to be dismissed.

    18.10.2024 (MANISHA BATRA)

    Waseem Ansari JUDGE

    Whether speaking/reasoned Yes/No Whether reportable Yes/No

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    GURPREET SINGH v. STATE OF PUNJAB
    (Oct 18, 2024)