Deepak Garg v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 26.05.2026 Deepak Garg .....Petitioner versus State of Haryana .....Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Mr. G.C. Shahpuri, Advocate for the petitioner.

Mr. Sumit Jain, Addl. A.G., Haryana.

RAJESH BHARDWAJ, J. (Oral) 1.

Prayer in the present petition is for quashing of order dated 01.07.2025 (Annexure P-8) passed by learned Judicial Magistrate First Class, Panipat, whereby the petitioner was declared as proclaimed offender/person in case FIR No.1205 dated 20.11.2017, under Section 506 IPC, registered at Police Station City Panipat, District Panipat. 2.

It has been submitted by learned counsel for the petitioner that the petitioner was regularly appearing before the ld. trial Court. He submits that without complying with the provisions as envisaged under Section 82 Cr.P.C. proclamation proceedings were initiated against the petitioner and ultimately, he was declared as a proclaimed offender/person vide impugned order dated 01.07.2025 (Annexure P-7). He submits that though as per the statement of Executing Constable, the proclamation stated to be executed but neither the petitioner received any intimation

regarding the said proclamation nor proper procedure was followed as no notice was published in any conspicuous place nearby the house of the petitioner nor it was fixed in the area where the petitioner was residing. He submits that the absence of the petitioner was not intentional and he is ready to join the proceedings and abide by the terms and conditions of bail, if any imposed by this Court.

3.

Learned State counsel has opposed the submissions made by learned counsel for the petitioner and has stated that the trial Court has rightly initiated proclamation proceedings under Section 82 Cr.P.C. and declared him as proclaimed offender/person who remained absent despite order.

4.

After hearing counsel for the petitioner and perusing the record, it is apparent that the petitioner remained absent despite orders, as he was not served with any notice, thereafter, proclamation proceedings under Section 82 Cr.P.C. were initiated against him and ultimately, he was declared as proclaimed offender/person. But now the petitioner is keen and ready to join the proceedings and face the trial, so without going into the contentions raised by learned counsel for the petitioner, this Court dispose of the present petition and the order dated 01.07.2025 is set aside subject to payment of Rs.30,000/- as costs to be paid to the 'Spinal Rehab Centre, Chandigarh, Plot No.1, Madhya Marg, Sector-28/A, Chandigarh' by the petitioner within one week from the receipt of copy of this order.

law. He will have protection from arrest for a period of 10 days from the receipt of copy of this order.

5.

Needless to say that in case the petitioner fails to comply with the abovesaid direction, he will have no benefit of abovesaid protection granted by this Court and order under challenge dated 01.07.2025 would come in force and the present petition shall be deemed to have been dismissed.

( RAJESH BHARDWAJ ) 26.05.2026 JUDGE ps-I Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No