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High Court of Punjab and HaryanaCRM-M/18931/2026disposed of

Manish v. Ut Chandigarh

2026-04-08Mr. Justice H.S. Grewal2 pages

CRM-M-18931-2026

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-18931-2026 Date of Decision: 08.04.2026 MANISH .....PETITIONER

VERSUS

UT CHANDIGARH ...RESPONDENT

CORAM:

HON'BLE MR. JUSTICE H.S.GREWAL

Present:

Mr. Prabhjot Singh Mann, Advocate, Mr. Ranjit Singh Mann, Advocate, Mr. Harpreet Singh, Advocate and Mr. Karandeep Sharma, Advocate for the petitioner. **** H.S. GREWAL, J. (ORAL) 1.

This petition has been filed under Section 528 BNS (erstwhile Section 482 Cr.P.C) for quashing of the proclaimed offender order dated 06.01.2026 in case No. PCH-71 of 2020 arising out of FIR No. 96 dated 26.06.2019 under Sections 279, 337 (Section 338 of IPC added later on) (new Section 281,125(1) and 125(b) of the BNS, 2023) registered at Police Station Mani Majra, Chandigarh whereby the petitioner has been wrongly and illegally declared proclaimed person.

2.

Learned counsel for the petitioner submits that the petitioner could not appear before the learned trial Court and that the non bailable warrants issued against him were received back unexecuted with the report that the petitioner had left the given address. He further submits that petitioner was not residing at the said address at the relevant time and therefore, the process RENU RAWAT 2026.04.10 14.20 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-18931-2026 issued by the Court was never served upon him. Thereafter, the ld. trial Court declared the petitioner as proclaimed person. It is contended that the mandatory requirements of Section 82(2) Cr.P.C. were not complied with before passing the impugned order. Learned counsel further submits that the petitioner is ready and willing to join the proceedings before the learned Trial Court and, therefore, prays that the impugned order declaring the petitioner as a proclaimed person be set aside.

3.

Notice of motion.

4.

On the asking of the Court, Mr. Rajiv Vij, Addl. PP., U.T., Chandigarh accepts notice on behalf of the respondent-State. 5.

I have heard learned counsel for the parties and gone through the case file.

6.

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 06.01.2026 passed by ld. JMIC, Chandigarh. However, in case the petitioner surrenders before the trial Court within a period of 07 days from today at 10:00 A.M 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. 7.

With these observations, the present petition stands disposed of. (H.S.GREWAL) 08.04.2026 JUDGE renu Whether speaking/ reasoned :

Yes/No Whether Reportable :

Yes/No RENU RAWAT 2026.04.10 14.20 I attest to the accuracy and integrity of this document Chandigarh