Rohit v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-45218-2025 Date of Decision : 20.08.2025 ROHIT .... PETITIONER V/S STATE OF PUNJAB .... RESPONDENT CORAM:HON'BLE MR. JUSTICE SUBHAS MEHLA Present :- Mr.Ravi Malhotra, Advocate for the petitioner.

**** SUBHAS MEHLA, J. (Oral) 1.

The instant petition has been filed for quashing of impugned order dated 03.06.2024 passed by learned Judicial Magistrate 1st Class, Rajpura whereby the petitioner has been declared as proclaimed offender. 2.

Learned counsel for the petitioner contended that the impugned order dated 03.06.2024, whereby the petitioner has been declared a proclaimed offender, has been passed in violation of statutory provisions. Learned counsel further submitted that the petitioner is a permanent resident of District Patiala and at present residing in the United Kingdom. Despite knowledge of his residence abroad, all proclamations were issued only at his local address in India. It is urged that the mandatory procedure prescribed under Section 82 Cr.P.C. was not complied with and the petitioner was declared a proclaimed offender.

3.

Heard.

Anju Goel 2025.08.22 17:59 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-45218-2025 -24.

The present petitioner was granted bail by the learned trial Court on 12.08.2022. Thereafter on 01.10.2022, the petitioner went to United Kingdom without informing the Court and kept evading the process of Court from 11.11.2022 till 20.03.2024 and was declared proclaimed offender vide order dated 03.06.2024. Undisputedly, it is the duty of the petitioner to appear before the Court as he was on bail and he furnished bail bonds and surety bonds to appear before the trial Court on each and every date.

5.

The Court finds merit in the contention of learned counsel for the petitioner that there is a technical error that he is facing trial under sections 279 and 304-A of IPC and not to be declared as proclaimed offender instead of proclaimed person.

6.

So, keeping in view the facts and circumstances of case in hand, in the interest of justice, the petitioner is directed to surrender himself before the trial Court within two weeks and on his surrender, if he moves an application for bail then the trial Court will consider his all the pleas raised before this Court and after considering his pleas, it will decide his application on merits.

7.

Disposed of.

(SUBHAS MEHLA) JUDGE 20.08. 2025 anju Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No Anju Goel 2025.08.22 17:59 I attest to the accuracy and integrity of this document Chandigarh