CRM-M-12759 v. State of Punjab & Anr.

Mr. Randeep Singh, Advocate for the petitioner. Mr. Randeep Singh, Advocate for the petitioner. Mr. Randeep Singh, Advocate for the petitioner. Mr. H.S.Wadhwa, DAG Punjab. Mr. H.S.Wadhwa, DAG Punjab. -.- MANDEEP PANNU J. (Oral) MANDEEP PANNU J.

1. Present petition has been filed under Section 528 BNSS Present petition has been filed for quashing under Section 528 BNSS for quashing vide which the petitioner has been wrongly and of order dated 16.09.2010 vide which the petitioner has been wrongly and vide which the petitioner has been wrongly and of order dated erroneously declared as proclaimed offender erroneously declared as proclaimed without complying with the offender without complying with the provisions of Section 82 Cr.P.C (84 BNSS). provisions of Section 82 Cr.P.C

2. has been contended by learned counsel for the petitioner that the It has been contended by learned counsel for the petitioner that the has been contended by learned counsel for the petitioner that the has been contended by learned counsel for the petitioner that the was registered in his absence, the learned petitioner has gone abroad and complaint was registered in his absence, the learned was registered in his absence, the learned petitioner has gone abroad and trial Court issued proclamation against the petitioner. Finally, the petitioner was trial Court issued proclamation against the petitioner. Finally, the petitioner was trial Court issued proclamation against the petitioner. Finally, the petitioner was trial Court issued proclamation against the petitioner. Finally, the petitioner was declared as proclaimed offender vide order dated declared as proclaim . He further submits vide order dated 16.09.2010. He further submits is in violation of the that the order declaring the petitioner as proclaimed offender is in violation of the that the order declaring the petitioner as proclaimed that the order declaring the petitioner as proclaimed provisions of Section 82 of Cr.P.C. He has submitted that neither the proper provisions of Section 82 of Cr.P.C. He has submitted that neither the proper provisions of Section 82 of Cr.P.C. He has submitted that neither the proper provisions of Section 82 of Cr.P.C. He has submitted that neither the proper He has publication nor the petitioner was served through Indian Embassy Abroad. He has publication nor the petitioner was served through Indian Embassy Abroad. publication nor the petitioner was served through Indian Embassy Abroad. law, submitted that the impugned order being unsustainable in the eyes of law, submitted that the impugned order being unsustainable in the eyes of thus submitted that the impugned order being unsustainable in the eyes of deserves to be set aside. He has submitted that the petitioner be granted protection deserves to be set aside. He has submitted that the petitioner be granted protection deserves to be set aside. He has submitted that the petitioner be granted protection deserves to be set aside. He has submitted that the petitioner be granted protection for appearing before the trial Court. for appearing before the trial Court. TRIPTI SAINI 2026.03.14 12:09 I attest to the accuracy and integrity of this document CRM-M-12759- -2026 (O&M) -2-

3. Learned State counsel has opposed the submissions made by learned Learned State counsel has opposed the submissions made by learned Learned State counsel has opposed the submissions made by learned Learned State counsel has opposed the submissions made by learned etitioner has rightly declared counsel for the petitioner and has submitted that the petitioner has rightly declared counsel for the petitioner and has submitted that the p counsel for the petitioner and has submitted that the p as proclaimed person, who remained absent from the Court without any valid as proclaimed person, who remained absent from the Court without any valid as proclaimed person, who remained absent from the Court without any valid as proclaimed person, who remained absent from the Court without any valid reason.

5. I have heard learned counsel for the parties and perused the record. I have heard learned counsel for the parties and perused the record I have heard learned counsel for the parties and perused the record In the present case, the main contention raised on behalf of the In the present case, the main contention raised on behalf of the In the present case, the main contention raised on behalf of the In the present case, the main contention raised on behalf of the petitioner involve interpretation of provisions of Section 82 of the Cr.P.C and same petitioner involve interpretation of provisions of Section 82 of the Cr.P.C and same petitioner involve interpretation of provisions of Section 82 of the Cr.P.C and same petitioner involve interpretation of provisions of Section 82 of the Cr.P.C and same is reproduced as below:- is reproduced as below: [4. Where a proclamation published under Sub Section (1) is in Where a proclamation published under Sub-Section (1) is in respect of a person accused of an offence punishable under section respect of a person accused of an offence punishable under section respect of a person accused of an offence punishable under section respect of a person accused of an offence punishable under section 302, 304, 364, 367, 382, 392, 393, 302 400, , 394, 395, 396, 397, 398, 399, 400 402, 436, 449, 459 or 460 of the Indian Penal Code (45 of 402 1860) and of the Indian Penal Code (45 of 1860) and such person fails to appear at the specified place and time required by such person fails to appear at the specified place and time required by such person fails to appear at the specified place and time required by such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it the proclamation, the Court may, after making such inquiry as it the proclamation, the Court may, after making such inquiry as it the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a thinks fit, pronounce him a proclaimed offender and make a thinks fit, pronounce him a proclaimed offender and make a thinks fit, pronounce him a proclaimed offender and make a declaration to that effect. declaration to that effect. Sections (2) and (3) shall apply to a 5. The provisions of Sub-Sections (2) and (3) shall apply to a Sections (2) and (3) shall apply to a 5. The provisions of Section (4) as they apply to declaration made by the Court under Sub-Section (4) as they apply to declaration made by the Court under Sub declaration made by the Court under Sub the proclamation published under Sub-Section(1)]” the proclamation published under Sub the proclamation published under Sub

6. Finally, it has been argued that the petitioner has been wrongly Finally, it has been argued that the petitioner has been wrongly Finally, it has been argued that the petitioner has been wrongly Finally, it has been argued that the petitioner has been wrongly med offender in the present case. As per Section 82(4) declared to be a proclaimed offender in the present case. As per Section 82(4) med offender in the present case. As per Section 82(4) declared to be a proclai Cr.P.C where a proclamation published under Sub Section 1 is in respect of a Cr.P.C where a proclamation published under Sub Section 1 is in respect of a Cr.P.C where a proclamation published under Sub Section 1 is in respect of a Cr.P.C where a proclamation published under Sub Section 1 is in respect of a 382, person/accused of an offence punishable under Sections 302, 304, 364, 367, 382 person/accused of an offence punishable under Sections person/accused of an offence punishable under Sections 392, 393, 394, 395 395, 396, 397, 398, 399, 400, 402 of the IPC 402, 436, 449, 459 or 460 of the IPC t a specified place and time required by the and such person fails to appear at a specified place and time required by the t a specified place and time required by the and such person fails to appear a proclamation, the Court may after making such enquiry as it thinks fit pronounce proclamation, the Court may after making such enquiry as it thinks fit pronounce proclamation, the Court may after making such enquiry as it thinks fit pronounce proclamation, the Court may after making such enquiry as it thinks fit pronounce him a proclaimed offender and make a declaration to that effect. In the present him a proclaimed offender and make a declaration to that effect. In the present him a proclaimed offender and make a declaration to that effect. In the present him a proclaimed offender and make a declaration to that effect. In the present TRIPTI SAINI 2026.03.14 12:09 I attest to the accuracy and integrity of this document CRM-M-12759- -2026 (O&M) -3- for the offences punishable under case, the present petitioner was being prosecuted for the offences punishable under case, the present petitioner was being prosecuted case, the present petitioner was being prosecuted 466, 467 IPC and said offences do not find mention in Section 82(4) Sections 463, 466, 467 IPC and said offences do not find mention in Section 82(4) 466, 467 IPC and said offences do not find mention in Section 82(4) 466, 467 IPC and said offences do not find mention in Section 82(4) Cr.P.C.

7. This Court finds sufficient force in the submissions made by learned This Court finds sufficient force in the submissions made by learned This Court finds sufficient force in the submissions made by learned This Court finds sufficient force in the submissions made by learned counsel for the petitioner in this regard. It has been held by this Court in CRM- counsel for the petitioner in this regard. It has been he counsel for the petitioner in this regard. It has been he -M- 34328-2011 (O&M) titled as 2011 (O&M) titled as “Rahul Dutta Vs. State of Haryana” - “Rahul Dutta Vs. State of Haryana” as follows:- “ Till the amendment by Act No.25 of 2005, proclamation was Till the amendment by Act No.25 of 2005, proclamation was Till the amendment by Act No.25 of 2005, proclamation was being done in respect of a person against whom a warrant has been being done in respect of a person against whom a warrant has been being done in respect of a person against whom a warrant has been being done in respect of a person against whom a warrant has been either absconding or concealing himself to issued and who has been either absconding or concealing himself to either absconding or concealing himself to issued and who has been evade the execution of warrants but by way of Act No.25 of 2005, in evade the execution of warrants but by way of Act No.25 of 2005, in evade the execution of warrants but by way of Act No.25 of 2005, in evade the execution of warrants but by way of Act No.25 of 2005, in section (4) is made a part of consonance with Section 40(2)(ii), sub-section (4) is made a part of consonance with Section 40(2)(ii), sub consonance with Section 40(2)(ii), sub Section 82 Cr.P.C. Section 82 Cr.P.C. The offences mentioned in Section 82(4) Cr.P.C. are of The offences mentioned in Section 82(4) Cr.P.C. are of The offences mentioned in Section 82(4) Cr.P.C. are of ecurring nature. All the persons, who are absconding or concealing recurring nature. All the persons, who are absconding or concealing ecurring nature. All the persons, who are absconding or concealing ecurring nature. All the persons, who are absconding or concealing themselves to evade execution of warrants of arrest, could be themselves to evade execution of warrants of arrest, could be themselves to evade execution of warrants of arrest, could be themselves to evade execution of warrants of arrest, could be proclaimed persons but they could be declared a “proclaimed proclaimed persons but they could be declared a “proclaimed proclaimed persons but they could be declared a “proclaimed proclaimed persons but they could be declared a “proclaimed offender” only under the provisions of the IPC which are mentioned offender” only under the provisions of the IPC which are mentioned offender” only under the provisions of the IPC which are mentioned offender” only under the provisions of the IPC which are mentioned in Section 82(4) Cr.P.C. There is stark distinction between a in Section 82(4) Cr.P.C. There is stark distinction between a in Section 82(4) Cr.P.C. There is stark distinction between a in Section 82(4) Cr.P.C. There is stark distinction between a proclaimed person and a proclaimed offender and for that reason, proclaimed person and a proclaimed offender and for that reason, proclaimed person and a proclaimed offender and for that reason, proclaimed person and a proclaimed offender and for that reason, A IPC there is a difference of punishment provided under Section 174-A IPC there is a difference of punishment provided under Section 174 there is a difference of punishment provided under Section 174 s or as it provides imprisonment which may extend upto three years or as it provides imprisonment which may extend upto three year as it provides imprisonment which may extend upto three year with fine or with both regarding a person who has been proclaimed in with fine or with both regarding a person who has been proclaimed in with fine or with both regarding a person who has been proclaimed in with fine or with both regarding a person who has been proclaimed in terms of Section 82(1) Cr.P.C. and the imprisonment which may terms of Section 82(1) Cr.P.C. and the imprisonment which may terms of Section 82(1) Cr.P.C. and the imprisonment which may terms of Section 82(1) Cr.P.C. and the imprisonment which may extend upto seven years and also with fine in respect of a person who extend upto seven years and also with fine in respect of a person who extend upto seven years and also with fine in respect of a person who extend upto seven years and also with fine in respect of a person who is declared a “proclaimed offender” under Section 82(4) Cr.P.C. is declared a “proclaimed offender” under Section is declared a “proclaimed offender” under Section I have also minutely examined those sections of IPC mentioned I have also minutely examined those sections of IPC mentioned I have also minutely examined those sections of IPC mentioned in Section 40(2)(ii) Cr.P.C. and have found that Sections 435, 450 and in Section 40(2)(ii) Cr.P.C. and have found that Sections 435, 450 and in Section 40(2)(ii) Cr.P.C. and have found that Sections 435, 450 and in Section 40(2)(ii) Cr.P.C. and have found that Sections 435, 450 and 457 IPC are not mentioned in Section 82(4) Cr.P.C., whereas Section 457 IPC are not mentioned in Section 82(4) Cr.P.C., whereas Section 457 IPC are not mentioned in Section 82(4) Cr.P.C., whereas Section 457 IPC are not mentioned in Section 82(4) Cr.P.C., whereas Section lly mentioned therein. 364, 367, 400 and 459 IPC are additionally mentioned therein. 364, 367, 400 and 459 IPC are additiona 364, 367, 400 and 459 IPC are additiona Learned counsel for the petitioner has also argued that Sections 83 to Learned counsel for the petitioner has also argued that Sections 83 to Learned counsel for the petitioner has also argued that Sections 83 to Learned counsel for the petitioner has also argued that Sections 83 to 86 Cr.P.C. deal with the proclaimed person and provide a complete 86 Cr.P.C. deal with the proclaimed person and provide a complete 86 Cr.P.C. deal with the proclaimed person and provide a complete 86 Cr.P.C. deal with the proclaimed person and provide a complete TRIPTI SAINI 2026.03.14 12:09 I attest to the accuracy and integrity of this document CRM-M-12759- -2026 (O&M) -4- procedure with regard to the attachment of his property but it does not procedure with regard to the attachment of his property but it does not procedure with regard to the attachment of his property but it does not procedure with regard to the attachment of his property but it does not as been declared to be a “proclaimed deal with a person who has been declared to be a “proclaimed as been declared to be a “proclaimed deal with a person who h offender. offender. Thus, in view of the aforesaid discussion, I am of the considered Thus, in view of the aforesaid discussion, I am of the considered Thus, in view of the aforesaid discussion, I am of the considered opinion that the terms “proclaimed person” and “proclaimed opinion that the terms “proclaimed person” and “proclaimed opinion that the terms “proclaimed person” and “proclaimed opinion that the terms “proclaimed person” and “proclaimed offender” have different connotations. A person who is evading the offender” have different connotations. A person who is evading the offender” have different connotations. A person who is evading the offender” have different connotations. A person who is evading the rants of arrest issued under the particular Sections of execution of warrants of arrest issued under the particular Sections of rants of arrest issued under the particular Sections of execution of war the IPC which are mentioned in Section 82(4) Cr.P.C., can only be the IPC which are mentioned in Section 82(4) Cr.P.C., can only be the IPC which are mentioned in Section 82(4) Cr.P.C., can only be the IPC which are mentioned in Section 82(4) Cr.P.C., can only be declared to be a proclaimed offender and the persons under the other declared to be a proclaimed offender and the persons under the other declared to be a proclaimed offender and the persons under the other declared to be a proclaimed offender and the persons under the other provisions of the IPC and the laws, can be declared to be a provisions of the IPC and the laws, can be declared to be a provisions of the IPC and the laws, can be declared to be a provisions of the IPC and the laws, can be declared to be a aimed person in terms of Section 82(1) Cr.P.C.” proclaimed person in terms of Section 82(1) Cr.P.C.”

8. In view of the above discussion and the law laid down by this Court in In view of the above discussion and the law laid down by this Court in In view of the above discussion and the law laid down by this Court in In view of the above discussion and the law laid down by this Court in the matter of Rahul Dutta (supra) the petitioner has been wrongly declared to be a Rahul Dutta (supra) the petitioner has been wrongly declared to be a the petitioner has been wrongly declared to be a ‘proclaimed offender’ in the present case. ‘proclaimed offender’ in the present case.

9. It is apparent from the record is apparent from the record that the petitioner along with three other the petitioner along with three other persons has been named has been named in the criminal complaint No.184/1994. However, the the criminal complaint No.184/1994. However, the petitioner remained absent as he was never served with any notice of proclamation petitioner remained absent as he was never served with any notice of proclamation petitioner remained absent as he was never served with any notice of proclamation petitioner remained absent as he was never served with any notice of proclamation under Section 82 of Cr.P.C and thereafter he was declared as proclaimed under Section 82 of Cr.P.C offender. and thereafter he was declared as proclaimed offender hat the petitioner is in abroad As submitted by learned counsel for the petitioner that the petitioner is in abroad As submitted by learned counsel for the petitioner t As submitted by learned counsel for the petitioner t without commenting anything about when he was declared as proclaimed offender, without commenting anything about without commenting anything about when he was declared as proclaimed offender, nce taken by the petitioner, this Court the authenticity of the ground of absence taken by the petitioner, this Court nce taken by the petitioner, this Court the authenticity of the ground of abse proceed to decide the matter as now the petitioner is ready and keen to join the proceed to decide the matter as now the petitioner is ready and keen to join the proceed to decide the matter as now the petitioner is ready and keen to join the proceed to decide the matter as now the petitioner is ready and keen to join the proceedings.

10. Considering the totality of circumstances, this Court is of the view Considering the totality of circumstances, this Court is of the view Considering the totality of circumstances, this Court is of the view Considering the totality of circumstances, this Court is of the view before the trial Court, so that trial may that the petitioner can be directed to appear before the trial Court, so that trial may before the trial Court, so that trial may that the petitioner can be directed to appear resume. Accordingly, plea of the petitioner is accepted. Impugned order dated resume. Accordingly, plea of the petitioner is accepted. Impugned order dated resume. Accordingly, plea of the petitioner is accepted. Impugned order dated resume. Accordingly, plea of the petitioner is accepted. Impugned order dated

16.09.2010 is set aside to the extent of declaring the petitioner as ‘proclaimed 16.09.2010 is set aside to the extent of declaring the petitioner as ‘proclaimed 16.09.2010 is set aside to the extent of declaring the petitioner as ‘proclaimed 16.09.2010 is set aside to the extent of declaring the petitioner as ‘proclaimed TRIPTI SAINI 2026.03.14 12:09 I attest to the accuracy and integrity of this document CRM-M-12759- -2026 (O&M) -5- n the eventuality of surrender offender’ and he is directed to be released on bail, in the eventuality of surrender offender’ and he is directed to be released on bail, i offender’ and he is directed to be released on bail, i by him before the trial Court/Duty Magistrate concerned within a period of one by him before the trial Court/Duty Magistrate concerned within a period of one by him before the trial Court/Duty Magistrate concerned within a period of one by him before the trial Court/Duty Magistrate concerned within a period of one week from today, subject to payment of Rs.10,000/ week from today, subject to payment as costs to be deposited with of Rs.10,000/- as costs to be deposited with the Poor Patients Welfare Fund, PGIMER, Chandigarh. the Poor Patients Welfare Fund, PGIMER, Chandigarh. the Poor Patients Welfare Fund, PGIMER, Chandigarh.

11. petitioner shall also furnish bail bonds/surety bonds to the The petitioner shall also furnish bail bonds/surety bonds to the petitioner shall also furnish bail bonds/surety bonds to the The satisfaction of the trial Court/Duty Magistrate. Besides, petitioner will also submit satisfaction of the trial Court/Duty Magistrate. Besides, petitioner will also submit satisfaction of the trial Court/Duty Magistrate. Besides, petitioner will also submit satisfaction of the trial Court/Duty Magistrate. Besides, petitioner will also submit an undertaking/affidavit that he will keep appearing during the proceedings of the an undertaking/affidavit that he will keep appearing during the proceedings of the an undertaking/affidavit that he will keep appearing during the proceedings of the an undertaking/affidavit that he will keep appearing during the proceedings of the oceedings will not be delayed because of his conduct. trial in future and the proceedings will not be delayed because of his conduct. trial in future and the pr

12. It is made clear that in case, petitioner fails to appear before the trial It is made clear that in case, petitioner fails to appear before the trial It is made clear that in case, petitioner fails to appear before the trial It is made clear that in case, petitioner fails to appear before the trial Court/Duty Magistrate within a stipulated period, this order shall be deemed to be Court/Duty Magistrate within a stipulated period, this order shall be deemed to be Court/Duty Magistrate within a stipulated period, this order shall be deemed to be Court/Duty Magistrate within a stipulated period, this order shall be deemed to be vacated.

14. ms, present petition stands disposed of. With aforementioned terms, present petition stands disposed of. With aforementioned ter All pending miscellaneous application(s), if any, stands disposed of. All pending miscellaneous application(s), if any, stands disposed of. All pending miscellaneous application(s), if any, stands disposed of. All pending miscellaneous application(s), if any, stands disposed of. March 11, 2026 tripti (MANDEEP PANNU) JUDGE Whether speaking/non-speaking : Speaking speaking : Speaking Whether speaking/non : Yes/No : Yes/No Whether reportable Whether reportable TRIPTI SAINI 2026.03.14 12:09 I attest to the accuracy and integrity of this document