Sandeep Kaur v. State Of Punjab













 


 
 
 


 


 
 
 


 


 
 
 


 


 
 
 

   
   
   
  




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2.

Learned counsel for the petitioner pointed out that in FIR No.30 dated 14.03.2023, Annexure P-1, (supra), SHO, Police Station Basti Baba Khel, filed application before learned Judicial Magistrate 1st Class for issuance of arrest warrants of present petitioner along with others. Vide order


 dated 08.01.2024 (Annexure P-2). Accordingly , arrest warrants were issued for 19.01.2024. On 19.01.2024 (Annexure P-3), arrest warrants were received back unexecuted and finally proclamation proceedings were initiated for affixation of proclamation on 20.02.2024 and for appearance of accused persons on 20.03.2024. There is order dated 20.04.2024 (Annexure P-4) according to which since the proclamation was not effected as per the statutory provisions, therefore, qua present petitioner proclamation was again ordered to be issued for 13.05.2024 and for her appearance date was fixed for 13.06.2024. Finally by passing impugned order dated 06.08.2024 (Annexure P-5), petitioner was declared proclaimed offender.
3.

Learned counsel for petitioner further referred to the report of ASI Parshotam Singh dated 13.06.2024 (Annexure P-6) as well as statement of ASI Parshotam Singh dated 06.07.2024 regarding the procedure followed by him for publication of said proclamation. The said publication was done on 13.06.2024. Even though as per the order (Annexure P-4), affixation was to be done on 13.05.2024 and the date for appearance was fixed for 13.06.2024. Learned counsel for petitioner pointed out that in this way no proper procedure was followed to effect proclamation as per provisions provided under Section 82 of Cr.P.C.

4.

Learned counsel representing State confirmed the aforesaid factual position based on the orders passed by learned Judicial Magistrate First Class from time to time. Therefore, no status report is required. 5.

I have considered the aforesaid factual position. In order to appreciate the aforesaid factual position, it will be appropriate to consider the provisions of Section 82 Cr.P.C. which runs as under:-


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6.

As per the aforesaid provisions, the Court is required to give 30 days' time for appearance before the trial Court on the issuance of publication/affixation of proclamation at some conspicuous place. As per order dated 20.04.2024 (Annexure P-4) affixation of proclamation was to be done on 13.05.2024 and date for appearance was 13.06.2024. Impugned order dated 06.08.2024 indicates that proclamation was effected on 13.06.2024 the day which was fixed for awaiting appearance of the accused. Therefore, impugned order dated 06.08.2024 (Annexure P-5) passed by learned Judicial Magistrate 1st Class is not sustainable in the eyes of law. Accordingly, petition filed by petitioner is accepted and the impugned order dated 06.08.2024 (Annexure P-5) is set aside. Trial Court may proceed to procure the presence of petitioner as per law.
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