Gurinder Singh v. State Of Punjab And Another

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 including Canada which provide for serving of documents. Thus the proclamation proceedings being in violation thereof are liable to be set aside.

3.

Notice of motion.

4.

At the asking of the Court, accepts notice on behalf of respondent No.1-State and submits that the trial Court has rightly passed the order impugned in the present petition.

5.

Heard.

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 Italy, 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 present petition is hereby partly allowed. The impugned order dated 01.05.2025, Annexure P-21, is set aside. 12.

Disposed of accordingly.