Amrik Singh v. State Of Punjab And Another
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of decision : 06.02.2024 AMRIK SINGH ....Petitioner
Versus
STATE OF PUNJAB AND ANOTHER ....Respondents
CORAM:
HON'BLE MR. JUSTICE PANKAJ JAIN Present :
Mr. Sunny K. Singla, Advocate for the petitioner.
Mr. Kunal Vinayak, AAG, Punjab.
PANKAJ JAIN, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of complaint bearing No.COMI/186/2014 dated 13th of June, 2014 titled as "Amrik Singh vs. Hardev Singh and others" filed under Sections 409, 420, 467, 468, 471, 379, 120-B of the Indian Penal Code, 1860, at Police Station Ahmedgarh along with summoning order dated 31st of March, 2018 and that order dated 5th of July, 2018 passed by JMIC, Malerkotla whereby the petitioner has been declared as a Proclaimed Person.
2.
Counsel for the petitioner submits that declaration of the petitioner as a Proclaimed Person is in the teeth of mandatory provision of Section 82 of the Code as the publication was pasted on the door of the house of the petitioner despite the fact that it was already in the records
before the Court that the petitioner is residing abroad. He further submits that the proclamation was published on 30th of May, 2018 and the petitioner was required to appear on 31st of May, 2018 thus the mandatory period of 30 days has not been complied with 3.
While issuing notice of motion on 19th of October, 2023, this Court ordered as under :
"Petitioner herein is praying for quashing of complaint bearing No.COMI/186/2014 dated 13th of June, 2014 titled as 'Amrik Singh vs. Hardev Singh and others' filed under Sections 409, 420, 467, 468, 471, 379, 120-B IPC of Police Station Ahmedgarh and all consequential proceedings arising therefrom including order dated 5th of July, 2018 passed by JMIC, Malerkotla whereby the petitioner has been declared as Proclaimed Person.
Counsel for the petitioner inter alia submits that the petitioner was declared as Proclaimed Person in violation of the mandatory provision of Section 82 Cr.P.C. as mandatory requirement of 30 days between the date of publication and the order of declaring Proclaimed Person was not resorted to. Publication was pasted on the door of the house of the petitioner despite the fact that it came to the knowledge that he is residing abroad, on 30th of May, 2018 and he was required to appear on 31st of May, 2018. Reference is being made to Annexures P-4 and P-6.
Counsel further submits that so far as the trial qua other accused is concerned, the same has culminated in discharge of the accused after the complainant failed to appear to get his statement recorded.
Issue notice of motion returnable for 6th of February, 2024.
Mr. Tarun Aggarwal, Sr. DAG, Punjab appears and accepts notice on behalf of respondent No.1-State of Punjab.
In the meantime, operation of the impugned order dated 5th of July, 2018 declaring the petitioner as Proclaimed Person shall be kept in abeyance subject to the petitioner appearing before the Trial Court on or before 29th of January, 2024." 4.
Counsel for the petitioner has produced order dated 29th of January, 2024 passed by JMIC, Malerkotla which shows that the petitioner stands admitted to bail after having appeared before the concerned Court. 5.
Section 82 Cr.P.C. came up for consideration before this Court in CRM-M-56380-2022 titled as 'Chamkaur Singh vs. State of Punjab and others', wherein it was held as under :
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6.
The facts are not much in dispute in the present case. 7.
As per the records of the case, publication was ordered on 19th of May, 2018 which was effected on 30th of May, 2018 requiring the petitioner to appear in terms of publication on 31st of May, 2018. 8.
In view of above, this Court finds that the procedure being in teeth of the mandatory provision, declaration under Section 82 Cr.P.C. of the petitioner as a Proclaimed Offender cannot sustain and is hereby set aside.
9.
Counsel for the petitioner further relies upon order dated 19th of December, 2022 to submit that the matter qua the other co-accused at the stage of pre-charge evidence stands closed by the Court after the complainant admitted that he has compromised the matter with the accused(s).
10.
In view of above, this Court finds that relegating the petitioner to face trial at this stage would be of no consequence in view of the fact that at the stage of pre-charge evidence itself the prosecution already stands foreclosed on the basis of compromise.
11.
Resultantly, the present petition is allowed. Complaint bearing No.COMI/186/2014 dated 13th of June, 2014 titled as "Amrik Singh vs. Hardev Singh and others" filed under Sections 409, 420, 467, 468, 471, 379, 120-B of the Indian Penal Code, 1860 at Police Station Ahmedgarh along with summoning order dated 31st of March, 2018 as well as order dated 5th of July, 2018 passed by JMIC, Malerkotla declaring the petitioner to be a Proclaimed Person, are hereby quashed. February 06, 2024 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No