Lalit Kumar v. Union Territory, Chandigarh And Another

      




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Upon notice, the Counsel for UT, has appeared. Learned counsel for the parties have been heard and material placed on the file has been perused. 3.

Learned counsel for the petitioner argued that petitioner has been wrongly declared as a proclaimed person. He never received any summons/ warrants from the trial Court and serious efforts were not made by the trial Court

  to secure his presence. On perusal of the paper book, it is revealed that during the proceedings of case FIR No.32 dated 12.02.2022 as afore-said, warrants of arrest against petitioner Lalit Kumar were directed to be issued initially vide order dated 07.12.2023, and the said order was repeated on various subsequent dates due to receipt of the warrants of arrest as unexecuted. In none of the orders passed by the trial Court, it is mentioned as to what was the report on the warrants of arrest. On 09.09.2024, warrant of arrest was received back unexecuted and simply by recording satisfaction that the accused cannot be served through non bailable warrants, proclamation under Section 82/83 Cr.P.C was ordered to be issued. Learned counsel for the petitioner contended that proclamation under Section 82/83 Cr.P.

C was ordered to be issued for various dates but the same was either not issued or was not received back and lastly, the proclamation was ordered to be issued for 14.07.2025 vide order dated 01.05.2025 and serving constable was summoned to make statement on 31.05.2025. On 31.05.2025, the proclamation was received back effected and the statement of serving constable was recorded and the case was adjourned to 14.07.2025 for awaiting appearance of the accused. However, on 14.07.2025, the Presiding Officer was on leave and file was put up before Duty Magistrate and case was adjourned to 16.07.2025 for appearance of the accused on which date also, the Presiding Officer on leave and the case was again adjourned for appearance of accused to 18.07.2025. On 18.07.2025, petitioner was declared a Proclaimed Person.

Learned counsel contended that no proclamation had been issued against the accused for 18.07.

 18.07.2025 and impugned order dated 18.07.2025, vide which he has been declared Proclaimed Person is thus illegal and nonest. 4.

Learned counsel further contended that as per order dated 31.05.2025, proclamation issued against accused was received back executed and statement of serving constable was recorded in which he stated that the accused was not present at the house and thereafter, he had pasted one copy of the proclamation at the given address and one copy at the notice Board of the Court. However, the proclamation was not publicly read in some conspicuous place of the town where the accused resided and it was thus violation of provisions of Section 82(2)(i)(a) of Cr.P.C and on this score also, proclamation is invalid and a nullity and proceedings under Section 82 of Cr.P.C are thus liable to be quashed. In support of his contentions, learned counsel has placed reliance upon 2022(1) Law Herald 219 - Rahul Dureja and another Vs.

State of Punjab, 2021(1) RCR (Criminal) 493 - Harvinder Singh Vs. State of Haryana and another, 2024(1) Law Herald 859 - Mahender Kumar Vs. Housing Development Finance Corporation Ltd., 2024(1) Law Herald 291 - Ramandeep Singh Sangha @ Ramna Sangha Vs. State of Punjab, and 2024(2) RCR (Criminal) 5- Sukhjinder Singh Vs. State of Punjab and another. 5.

On the other hand, learned Counsel for UT, Chandigarh has argued that the petitioner could not be served when his non-bailable warrants were issued and thereafter, proclamation under Section 82 Cr.P.C. was ordered to be issued and he was declared Proclaimed Person. Learned State Counsel has contended that the impugned order is well reasoned and speaking and does not call for any interference and petition deserves to be dismissed.

< 6.

Before proceeding further, relevant orders dated 09.09.2024, 01.05.2025, 31.05.2025, 14.07.2025, 16.07.2025 and 18.07.2025 are reproduced as under:- "Warrants of arrest issued against accused received back unexecuted. Notice under Section 446 of Cr.P.C issued to his surety received back unserved. This Court is satisfied that service of accused cannot be effected through NBW. Let, proclamation warrants are ordered to be issued against the accused Lalit Kumar. Report of Serving Constable is awaited for 01.10.2024 and thereafter appearance of the accused be awaited for 02.12.2024. Date of Order: 09.09.2024 Judicial Magistrate Ist Class CHD/UID No.PB0495"

xx xx xx xx xx xx Proclamation warrants issued against accused Lalit Kumar not received back. Fresh proclamation warrants are ordered to be issued against the accused Lalit Kumar. Report of Serving Constable is awaited for 31.05.2025 and thereafter appearance of the accused be awaited for 14.07.2025.

Date of Order: 01.05.2025 Judicial Magistrate Ist Class CHD/UID No.PB0495"

"Proclamation warrants issued against accused Lalit Kumar received back executed. Separate statement of serving Constable Umesh Kumar got recorded vide which to the effect that he visited

 the given address on 03.04.2025 but accused was not found there. He further stated that he has pasted one copy of proclamation at the given address and one copy pasted at notice board of District Courts, Chandigarh. Proclamation as Ex.PA and his report as Ex.PB. Now, to come up on the date already fixed i.e. 14.07.2025 for awaiting appearance of accused Lalit Kumar.

Date of Order: 31.05.2025 Judicial Magistrate Ist Class CHD/UID No.PB0495"

"File put up today before me being Duty Magistrate as Ld. Presiding Officer Dr. Ambika Sharma, JMIC, Chandigarh is on leave. Now, case is adjourned to 16.07.2025 for the purpose already fixed. File be sent back to the concerned Court immediately. Date of Order: 14.07.2025 Judicial Magistrate Ist Class (Duty) CHD/UID No.PB0679 "File put up today before me being Duty Magistrate as Ld. Presiding Officer Dr. Ambika Sharma, JMIC, Chandigarh is on leave. Now, case is adjourned to 18.07.2025 for the purpose already fixed. File be sent back to the concerned Court immediately. Date of Order: 16.07.2025 Judicial Magistrate Ist Class (Duty) CHD/UID No.PB0667"

"Today the case was fixed for awaiting appearance of accused but accused Lalit Kumar has not appeared before the Court.

  Statutory period of 30 days has elapsed. Accordingly, accused Lalit Kumar is hereby declared as Proclaimed Person. An intimation in this regard be sent to SHO concerned for making entry in the relevant register. Notice to concerned Collector and SHO be issued for 30.10.2025 to submit report regarding the property owned by the accused for initiating the proceedings against him under Section 83 Cr.P.C. Notice to surety be also issued for the date fixed. Notice to complainant and concerned IO mentioned in the list of witnesses be also issued for the date fixed.

Date of Order: 18.07.2025 Judicial Magistrate Ist Class (Duty) CHD/UID No.PB0495"

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As a result of aforesaid discussion
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  3 the present petition is accepted and the impugned order dated 18.07.2025 (Annexure P-19), vide which, the petitioner was declared proclaimed person is set aside.

11.

Pending misc. applications(s), if any, shall also stand disposed of.

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