Mohd Sakir v. State Of Haryana

CRM-M No. 5508 of 2021 --1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No.5508 of 2021

Reserved on: 09.09.2022

Pronounced on : 14.09.2022 Mohd. Sakir ......Petitioner Vs.

State of Haryana ......Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Gorang Gupta, Advocate for the petitioner. Mr. Rajat Gautam, DAG, Haryana.

*** ANOOP CHITKARA J.

FIR No.

Dated Police Station Sections 19.06.2011 Bhondsi 279, 336, 337, 338 IPC & 196 M.V. Act Seeking quashing of proclamation order dated 19-02-2016, passed by JMIC, Sohana, Annexure P-1, the accused has come up before this court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.).

2.

Petitioner was arraigned as an accused in the above captioned matter. On failure to serve the petitioner through the ordinary process, including summons, bailable warrants, and even non-bailable warrants, the concerned court finally proceeded against the petitioner under section 82 of Cr.P.C. and declared the petitioner a proclaimed offender vide order dated 19-02-2016, passed by JMIC Sohana, Annexure P-1. 3.

The point to which the petitioner wants to draw the attention of this Court is that the absence was not willful, and was due to the factors beyond the petitioner's control. The State could not dispute the factual matrix.

4.

The petitioner has filed an additional affidavit wherein he has mentioned his address at the time of FIR and the subsequent change in address. Its perusal substantiates the petitioner's stand. Given above, the petitioner has made a case on the preponderance of probability that the petitioner had no knowledge about summons, warrants, and appearance JYOTI 2022.09.16 16:49 I attest to the accuracy and integrity of this document

CRM-M No. 5508 of 2021 --2as contemplated under section 82 Cr.P.C. Thus, the order is arbitrary and did not afford reasonable opportunity as mandated under Section 82 of Cr.P.C. 5.

Consequently, the impugned order of proclamation order dated 19-02-2016, passed by JMIC Sohana, Annexure P-1, is set aside.

Petition allowed in the terms mentioned above. Interim bail is made absolute. (ANOOP CHITKARA) JUDGE 14.09.2022 Jyoti-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2022.09.16 16:49 I attest to the accuracy and integrity of this document