Bhupinder Kaur v. State Of Punjab
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!$(,$($$and as such, she did not have any knowledge that she was required to appear before the Court on 12.09.2022 and impugned order dated 12.09.2022, vide which she has been declared Proclaimed Person is thus illegal and nonest and is liable to be set aside.
4.
Learned counsel further contended that as per order dated 22.08.2022, proclamation issued against accused was received back executed and on 12.09.2022, 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, one copy at the bus stand of the village of the accused 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 State counsel has argued that the petitioner could not be served when her non-bailable warrants were issued and thereafter, proclamation under Section 82 Cr.P.C. was ordered to be issued and she 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 06.07.2022, 22.08.2022, 12.09.2022 and statement of the Serving Constable are reproduced as under:- "Order dated 06.07.2022 Non-bailable warrants of accused Bhupinder Kaur received back unserved with the report that accused do not reside at the given address. Today ASI Bant Singh No.518/BNL PS Bhadaur appeared and suffered a statement that the accused
Bhupinder Kaur is evading the process and has changed her residential address. He further stated that arrest warrants issued against the accused are not being executed despite numerous efforts and requested for issuance of proclamation warrants against the accused Bhupinder Kaur. Report of Ahlmad was also called. In view of the statement suffered by ASI Bant Singh let proclamation warrants of the accused Bhupinder Kaur be issued for 22.08.2022.
JMIC/Barnala, UID No.PB0619 Order dated 22.08.2022 Proclamation warrants issued on behalf of accused Bhupinder Kaur received back executed but 30 days has not elapsed. Now to come up on 12.09.2022 for recording the statement of serving official and awaiting appearance of accused Bhupinder Kaur.
JMIC/Barnala, UID No.PB0619 Statement of Serving Constable It is requested that I C. received proclamation on 03.08.2022. On 04.08.2022 for affecting proclamation, I reached on the given address of accused, where accused was not found present. Their house was locked. Once copy of proclamation was affixed on main gate of residential house of accused&s second copy was affixed as Bus Stand of village of accused & third copy on notice board of Hon'ble Court. Fourth copy, after affecting proclamation, is being sent back to Hon'ble Court. After affecting proclamation, report is presented.
Order dated 12.09.2022 Proclamation issued against the accused Bhupinder Kaur received back already effected on dated 04.08.2022. Statement of Serving Constable C Lakhvir Singh to that effect has been recorded today. Case has been called for several time since morning, but none appeared on behalf of accused Bhupinder Kaur. Court time is likely to be over now.
No further wait is justified. Requisite period of 30 days as mentioned in Section 82 of Cr.P.C. has already been elapsed. Therefore, accused Bhupinder Kaur is hereby declared as proclaimed person. Necessary intimation in this regard be sent to PS concerned. Now to come upon 19.09.2022 for furnishing list of property of accused.
JMIC/Barnala, UID No.PB0619"
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Pending misc. applications(s), if any, shall also stand disposed of.
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