Neha Sharma v. State Of Punjab And Another
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-55577-2023 Date of Decision : November 28, 2024 NEHA SHARMA -PETITIONER V/S STATE OF PUNJAB AND ANOTHER -RESPONDENT
CORAM:
HON'BLE MR. JUSTICE KULDEEP TIWARI
Present:
Mr. Sunil Chadha, Sr. Advocate with Mr. Raghav Chadha, Advocate for the petitioner.
Mr. Pardeep Bajaj, D.A.G., Punjab.
Mr. M.S. Yadav, Advocate for Mr. Sunny K. Singla, Advocate for the respondent No.2.
*** KULDEEP TIWARI, J. (ORAL) CRM-47045-2024 1.
As prayed for, the instant application is allowed. The orders enclosed with the instant application respectively as Annexures P-7 and P-8 are taken on record.
CRM-M-55577-2023 2.
On 21.10.2024, this Court had passed the hereinafter extracted order upon the instant petition:- "1. The solitary relief yearned in the instant petition cast under Section 482 of the Cr.P.C., appertains to quashing of the order dated 07.09.2019 (Annexure P-5), whereby, the learned Judicial Magistrate First Class, Patiala, has declared the petitioner a "Proclaimed Person", in case emanating from FIR No.239 dated 25.11.2015, under Sections 406, 420 and 120-B of the IPC,
registered at P.S. Civil Lines, Patiala, District Patiala.
2. In his beseeching the relief (supra), the principal argument composed by the learned senior counsel for the petitioner, is that, since the mandate enclosed in Section 82 of the Cr.P.C. did not become meticulously complied with by the learned Magistrate concerned, inasmuch as, requisite efforts never became made to cause valid service upon the petitioner, who has been residing abroad since 2015, therefore, for want of valid service and for want of proper procedure (supra) being adopted, the learned Magistrate erred in initiating proclamation proceedings against the petitioner.
3. Nonetheless, the learned senior counsel for the petitioner also submits that, the petitioner is coming to India on 06.11.2024, and thereafter, she will cause appearance before the learned trial Court/Magistrate concerned upto 13.11.2024. However, he requests that the petitioner may kindly be granted adequate protection from her arrest, thereby enabling her to cause appearance before the learned trial Court/Magistrate concerned and to apply for anticipatory bail before the latter.
4. This Court has heard the submissions made by the learned senior counsel for the petitioner and also examined the impugned proclamation order (Annexure P-5).
5. Prima facie, this Court is of the opinion that the procedure enshrined in Section 82 of the Cr.P.C. has not been complied with, in its letter and spirit, by the learned Magistrate concerned before drawing the impugned proclamation order (Annexure P-5), inasmuch as, the maker thereof has not recorded any satisfaction that the petitioner is knowingly and deliberately avoiding the execution of warrants.
6. Therefore, considering the submissions made hereinabove and the innocuous prayer of the learned senior counsel for the petitioner, this Court deems it appropriate to grant an opportunity to the petitioner to appear before the learned trial Court/Magistrate concerned upto 13.11.2024 and to avail the appropriate legal recourse. The arrest of the petitioner shall remain stayed only upto 13.11.2024 and she shall not be arrested at the Airport concerned, upon her arrival from abroad. Moreover, in case the petitioner files any anticipatory bail application, the same shall be decided on its
own merits, and, without getting influenced from the impugned proclamation order (Annexure P-5).
7. List on 28.11.2024, in the urgent list, along with CRM-M-61512019."
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(KULDEEP TIWARI) November 28, 2024 JUDGE devinder Whether speaking/reasoned :
Yes/No Whether Reportable :
Yes/No