Yadwinder Singh v. State Of Punjab

procedure under Sections 41, 105 and 82 Cr.P.C. A further reference is made to a Notification issued by the Government of India Ministry of Home Affairs, IS Division-II:Legal Cell New Delhi, dated the 11th Feb, 2009, laying down comprehensive guidelines in this regard of reciprocal arrangements to be made by Central Government with the Foreign Governments with regard to the service of summons/warrants/ judicial processes. The Ministry of Home Affairs has entered into Mutual Legal Assistance Treaty/Agreements with 22 countries which provide for serving of documents. Thus, the proclamation proceedings being in violation thereof are liable to be set aside, Further that, co-accused, namely, Manpreet Singh, Tejinder Singh alias Ghagha, Gurpeet Singh, Rajinder Singh, Khushwant Singh and Vijay Kumar stand acquitted. He is ready and willing to join the proceedings and it is prayed that one opportunity may be granted to him to surrender before learned trial Court, which may be even subject to costs.

Heard.

6.

This Court in Narinder Singh(supra) quashed the order declaring the petitioners therein as proclaimed person on the ground that no efforts have been made by the trial Court to serve them at their residence where they ordinarily reside either through publication in newspaper or Embassy.

7.

In the case of Jasbir Kaur vs. State of Punjab and another, CRM-M-25115-2022, decided on 2.6.2022, since the petitioner therein was a Non Indian Resident residing in Canada and proclamation proceedings had been initiated while she was not in India, as such, the order of proclamation was set aside.

8.

Similarly, in Jaswant Singh vs. State of Punjab and another, CRM-M-32011-2018, petition was allowed on 6.2.2020, noticing the submission made by the counsel for the petitioner relying on the photocopy of the passport (Annexure A-1) that he was in Italy at the time of registration of FIR 29.10.2009, as well as, on the day, when he was declared proclaimed offender vide order dated 28.4.2014 and even on the date of passing of the above order.

9.

The very purpose of issuance of summons, warrants etc. is to compel and secure the presence of the accused to face trial and establish the rule of law so as to ensure finalization of the proceedings. 10.

Reverting to the facts of the present case inasmuch as it was because the petitioner had moved to Dubai, prior to the passing of the impugned order and the procedure as envisaged by the Code not followed in letter and spirit, he could not be served and as such, his explanation for absence appears to be justified.

11.

Accordingly, the impugned order dated 15.09.2018 is set aside, Shree Mata Mansa Devi Bhandara Committee Charitable Trust (Regd)., Account No. 50100238189041, IFSC Code: HDFC0000108, at HDFC Bank, Sector 8, Panchkula,