Liakat Ali v. State Of Punjab
--
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of Decision: 11.11.2022 ....Petitioner
Versus
...Respondent
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :
Mr. Prince Pasricha, Advocate for the petitioner.
HARSH BUNGER, J. (Oral) The petitioner has filed the instant petition under Section 482 of Code of Criminal Procedure for setting aside the order dated 30.07.2022 (Annexure P-1) whereby, the petitioner has been declared as proclaimed person on account of his non-appearance in case bearing CIS No.CHI/132/2020 in FIR No.0226 dated 16.09.2019 under Section 188 of Indian Penal Code, registered at Police Station Sultanpur Lodhi, District Kapurthala.
Learned counsel for the petitioner has submitted that the petitioner has been wrongly declared as a proclaimed person and that too without complying with the provisions contained under Section 82 Cr.P.C. It
- - is further submitted that the petitioner is involved in case FIR No.0226 dated 16.09.2019 under Section 188 of Indian Penal Code, 1860 registered at Police Station Sultanpur Lodhi, District Kapurthala (Annexure P-2) and he was admitted to bail vide order dated 16.06.2020 passed by the Court of learned Sub Divisional Judicial Magistrate and the petitioner had been appearing regularly before the trial Court. However, on account of some personal difficulty he could not appear on 10.02.2022 and ultimately the petitioner was declared as a proclaimed person vide order dated 30.07.2022 (Annexure P-1) passed by learned Sub Divisional Judicial Magistrate. Notice of motion.
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A perusal of the above-said service report would clearly indicate that the provisions contained in Section 82(2) (i) have not been complied with inasmuch as that one copy of the proclamation was affixed in the village and one copy was affixed on the common way and one copy has been affixed on the notice board of the Court Complex, however, the said proclamation was not read publicly in some conspicuous place of town or
-8village in which the accused ordinarily resides. It is well-settled that all provisions of Section 82(2) (i) Cr.P.C. are to be mandatorily complied with cumulatively and not alternatively and non-compliance of even one provision would render the proclamation as bad. Thus, the endeavour of the serving officer to serve the proclamation notice upon the accused is deficient and cannot be sustained.
In view of the aforementioned facts and circumstances, the impugned order dated 30.07.2022 (Annexure P-1) passed by the learned Sub Divisional Judicial Magistrate/trial Court is unsustainable in the eyes of law and the same is accordingly quashed.
The instant petition is allowed in the above-said terms. 11.11.2022 (HARSH BUNGER) Amandeep JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No