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Punjab-Haryana High Court
Rajesh Sharma vs State Of Punjab on 23 February, 2024
Neutral Citation No:=2024:PHHC:025350
2024:PHHC:025350
126 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-9725-2024
Date of decision: 23.02.2024
RAJESH SHARMA
...PETITIONER
V/S
STATE OF PUNJAB
...RESPONDENT
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: None.
****
HARPREET SINGH BRAR J. (ORAL)
The present petition has been filed under Section 482 of Cr.P.C.
seeking quashing of impugned order dated 20.04.2021 (Annexure P-2) passed
in case bearing FIR No.087 dated 23.02.2015 (Annexure P-1) registered under
Sections 323, 341, 506, 148 and 149 of Indian Penal Code (Section 452 IPC
added later on) at Police Station Focal Point, District Ludhiana, whereby the
petitioner has been declared as ‘proclaimed person’.
2. Brief facts of the case, as per the prosecution are that on
22.02.2015 at about 10:30 PM, all accused persons in connivance with each
other, forcibly entered into the house of the complainant and caused injuries to
him and his friend Lakhbir Singh with blunt weapons and also intimidated
them with life threats. Hence, the FIR was registered.
3. In view of the resolution passed by Bar Association of Punjab and
Haryana High Court, there is no representation on behalf of the petitioner.
4. A perusal of the pleadings shows that mandate of Section 82 of
Cr.P.C. has not been followed in its letter and spirit by the trial Court and
similarly situated co-accused of the petitioner, who faced the trial, have already
been acquitted by the learned trial Court vide judgment dated 02.01.2024
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(Annexure P-7). It is also submitted in the pleadings that the petitioner
undertakes to appear before the trial Court on each and every date.
5. Notice of motion.
6. While the scheme of criminal justice system necessitates
curtailment of personal liberty to some extent, it is of the utmost importance
that the same is done in line with the procedure established by law to maintain
a healthy balance between personal liberty of the individual-accused and
interests of the society in promoting law and order. Such procedure must be
compatible with Article 21 of the Constitution of India i.e. it must be fair, just
and not suffer from the vice of arbitrariness or unreasonableness.
7. A perusal of the impugned order reveals that the trial Court issued
proclamation without recording reasons of its belief that the petitioner has
absconded or is concealing himself. This Court in the judgment passed in
Major Singh @ Major Vs. State of Punjab 2023 (3) RCR (Criminal) 406;
2023 (2) Law Herald 1506 has held that the Court is first required to record its
satisfaction before issuance of process under Section 82 of Cr.P.C. and non-
recording of the satisfaction itself makes such order suffering from incurable
illegality. In the judgment passed by this Court in Sonu Vs. State of Haryana
2021 (1) RCR (Crl.) 319, it has been held that the conditions specified in
Section 82 (2) Cr.P.C. for the publication of a proclamation against an
absconder are mandatory. Any non-compliance therewith cannot be cured as an
‘irregularity’ and renders the proclamation and proceedings subsequent thereto
a nullity.
8. The sole purpose of issuance of non-bailable warrants or issuance
of proclamation is to secure presence of the accused before the trial Court. The
petitioner in the present case has himself come forward and has undertaken to
appear before the trial Court on each and every date.
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9. In view of the aforesaid facts and circumstances, the present
petition is allowed, the impugned order dated 20.04.2021 (Annexure P-2) vide
which the petitioner was declared as proclaimed person is quashed.
10. The petitioner is directed to appear before the trial Court within a
period of 02 weeks from today and on his doing so, he shall be admitted to bail
on his furnishing bail bonds and surety bonds to the satisfaction of the trial
Court, along with costs of Rs.20,000/- to be deposited with the Poor Patients
Welfare Funds, PGIMER, Chandigarh for wasting precious time of the Court.
(HARPREET SINGH BRAR)
February 23, 2024 JUDGE
manisha
(i) Whether speaking/reasoned Yes/No
(ii) Whether reportable Yes/No
Neutral Citation No:=2024:PHHC:025350
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