Maninder Pal Singh v. State Of Punjab
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0 :The petitioner assails order dated 29.1.2021 (Annexure P-2) vide which he has been declared a proclaimed offender in respect of FIR No.0039 registered at Police Station Division-6, District Police Commissionerate Jalandhar under Sections 406 and 420 of Indian Penal Code.
Learned counsel for the petitioner submits that in the instant case the Trial Court has not followed the proper procedure and the provisions of Section 82 Cr.P.C. have not been complied with in letter
and spirit. Learned counsel submits that while it was vide order dated 5.11.2020 that proclamation was ordered to be issued for 10.12.2020 but infact it was only on 23.11.2020 that the serving official effected the proclamation as would be evident from the statement of the serving official dated 10.12.2020 (Anneuxre P-6). It has been submitted that Section 82 mandates that a clear period of 30 days should be afforded to the accused for causing appearance on the nominated date as per proclamation notice, from the date the proclamation is actually effected, whereas in the instant case the proclamation was effected on 23.11.2020 and the date fixed for causing appearance was 10.12.2020. It has been submitted that subsequent adjournment of the matter would not cure the said defect. Learned counsel, in order to hammer forth his aforesaid submission, places reliance upon Ashok Kumar Vs. State of Haryana 2013(4) R.C.R. (Criminal) 550.
Notice of motion for 25.8.2021.
Meanwhile, operation of impugned order dated 29.1.2021 shall remain stayed.; 4 < + 9$ . . 0
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