Jakir @ Jakir Hussain v. State of Haryana

MANDEEP PANNU HON'BLE MS. JUSTICE MANDEEP PANNU Present: , Advocate for the petitioner. Mr. Khalid Taura, Advocate for the petitioner. Mr. Khalid Taura -.- MANDEEP PANNU J. (Oral) MANDEEP PANNU J.

1. This petition has been filed under Section 528 BNSS, 2023 This petition has been filed under Section 528 BNSS, 2023 This petition has been filed under Section 528 BNSS, 2023 This petition has been filed under Section 528 BNSS, 2023 (corresponding Section 482 of Cr.P.C) seeking (corresponding Section 482 of Cr.P.C) of impugned order dated seeking quashing of impugned order dated

30.09.2023 (Annexure P (Annexure P-7) passed by the learned trial Court issued non bailable the learned trial Court issued non-bailable warrants against the petitioner as well as order dated 12.02.2026, whereby the warrants against the petitioner as well as order dated 12.02.2026, whereby the warrants against the petitioner as well as order dated 12.02.2026, whereby the warrants against the petitioner as well as order dated 12.02.2026, whereby the icial Magistate, Rewari, declared the petitioner as proclaimed learned Chief Judicial Magistate, Rewari, declared the petitioner as proclaimed icial Magistate, Rewari, declared the petitioner as proclaimed learned Chief Jud person in FIR No. in FIR No. 32 dated 19.03.2016 registered under Sections 399 and 402 IPC registered under Sections 399 and 402 IPC Sadar (corresponding Section 310(4) & 310 (5) of BNS) at Police Station Sadar (corresponding Section 310(4) & 310 (5) of BNS) of IPC (corresponding Section 310(4) & 310 (5) of BNS) Rewari, District Rewari along with all the consequential proceedings Rewari, District Rewari arising along with all the consequential proceedings arising therefrom.

2. Learned counsel for the petitioner submits that the petitioner had been Learned counsel for the petitioner submits that the petitioner had been Learned counsel for the petitioner submits that the petitioner had been Learned counsel for the petitioner submits that the petitioner had been granted regular bail in the aforesaid FIR and had duly complied with the directions granted regular bail in the aforesaid FIR and had duly complied with the directions granted regular bail in the aforesaid FIR and had duly complied with the directions granted regular bail in the aforesaid FIR and had duly complied with the directions issued by the learned trial Court. After completion of investigation, the police issued by the learned trial Court. After completion of investigation, the police issued by the learned trial Court. After completion of investigation, the police issued by the learned trial Court. After completion of investigation, the police an before the learned trial Court almost three years after the presented the challan before the learned trial Court almost three years after the an before the learned trial Court almost three years after the presented the chall TRIPTI SAINI 2026.03.13 18:46 I attest to the accuracy and integrity of this document CRM-M-13112- -2026 (O&M) -2- He further submits that at the time of grant of regular bail to the petitioner. He further submits that at the time of He further submits that at the time of grant of regular bail to the petitioner. presentation of the challan, no notice or summons were ever served upon the presentation of the challan, no notice or summons were ever served upon the presentation of the challan, no notice or summons were ever served upon the presentation of the challan, no notice or summons were ever served upon the fore the learned trial Court. Consequently, the petitioner requiring him to appear before the learned trial Court. Consequently, the fore the learned trial Court. Consequently, the petitioner requiring him to appear be petitioner remained completely unaware of the presentation of the challan and the petitioner remained completely unaware of the presentation of the challan and the petitioner remained completely unaware of the presentation of the challan and the petitioner remained completely unaware of the presentation of the challan and the proceedings pending before the learned trial Court. As a result, the bail granted to proceedings pending before the learned trial Court. As a result, the bail granted to proceedings pending before the learned trial Court. As a result, the bail granted to proceedings pending before the learned trial Court. As a result, the bail granted to able warrants were issued against him the petitioner was cancelled and non-bailable warrants were issued against him able warrants were issued against him the petitioner was cancelled and non vide order dated 30.09.2023. vide order dated 30.09.2023.

3. Thereafter, proclamation proceedings were initiated against the Thereafter, proclamation proceedings were initiated against the Thereafter, proclamation proceedings were initiated against the Thereafter, proclamation proceedings were initiated against the petitioner on 10.11.2025 , and the serving constable was directed to 10.11.2025 for 13.02.2026, and the serving constable was directed to , and the serving constable was directed to appear before the learned Trial Court on 12.01.2026 appear before the learned Trial Court on the petitioner was 12.01.2026. Ultimately the petitioner was declared a proclaimed person vide order dated 12.02.2026 declared a proclaimed

12.02.2026.

4. Learned counsel contends that the petitioner was never duly or validly Learned counsel contends that the petitioner was never duly or val Learned counsel contends that the petitioner was never duly or val served at any stage and, therefore, had no knowledge of the actual dates of hearing served at any stage and, therefore, had no knowledge of the actual dates of hearing served at any stage and, therefore, had no knowledge of the actual dates of hearing served at any stage and, therefore, had no knowledge of the actual dates of hearing before the trial Court. It is further argued that the mandatory requirements of before the trial Court. It is further argued that the mandatory requirements of before the trial Court. It is further argued that the mandatory requirements of before the trial Court. It is further argued that the mandatory requirements of Section 82(2) Cr.P.C. were not complied with prior to passing the impugned order. Section 82(2) Cr.P.C. were not complied with prior to passing the impugned order. Section 82(2) Cr.P.C. were not complied with prior to passing the impugned order. Section 82(2) Cr.P.C. were not complied with prior to passing the impugned order. appearance of the petitioner was neither deliberate nor intentional. The non-appearance of the petitioner was neither deliberate nor intentional. appearance of the petitioner was neither deliberate nor intentional.

5. Aggrieved by the illegal and arbitrary declaration of the petitioner as a Aggrieved by the illegal and arbitrary declaration of the petitioner as a Aggrieved by the illegal and arbitrary declaration of the petitioner as a Aggrieved by the illegal and arbitrary declaration of the petitioner as a proclaimed person, the present petition has been filed before this Court. proclaimed person, the present petition has been filed before this Court. proclaimed person, the present petition has been filed before this Court.

6. the petitioner undertakes to appear before the It is also submitted that the petitioner undertakes to appear before the the petitioner undertakes to appear before the It is also submitted that trial Court on each and every date. trial Court on each and every date.

8. Notice of motion. Notice of motion. Mr. Sushil Bhardwaj, Addl. A.G Haryana Mr. , who is present in Court, , Addl. A.G Haryana, who is present in Court, accepts notice for the respondent-State and submits that the impugned accepts notice for the respondent order has State and submits that the impugned order has passed on the ground of the absence of the petitioner. been rightly passed on the ground of the absence of the petitioner. passed on the ground of the absence of the petitioner. TRIPTI SAINI 2026.03.13 18:46 I attest to the accuracy and integrity of this document CRM-M-13112- -2026 (O&M) -3-

9. I have heard learned counsel for the parties and perused the record of I have heard learned counsel for the parties and perused the record of I have heard learned counsel for the parties and perused the record of I have heard learned counsel for the parties and perused the record of the matter is the case with their able assistance and with the consent of parties, the matter is the case with their able assistance and with the consent of the case with their able assistance and with the consent of taken up for final disposal. taken up for final disposal.

10. A perusal of zimini orders reveals that A perusal of bailable warrants issued orders reveals that non-bailable warrants issued owever, the learned against the petitioner have been received back unexecuted. However, the learned against the petitioner have been received back unexecuted. against the petitioner have been received back unexecuted. trial Court initiated proclamation proceedings against the petitioner without trial Court initiated proclamation proceedings against the petitioner without trial Court initiated proclamation proceedings against the petitioner without trial Court initiated proclamation proceedings against the petitioner without The following the proper procedure as prescribed under Section 82(2) Cr.P.C. The following the proper procedure as prescribed under Section 82(2) Cr.P.C. following the proper procedure as prescribed under Section 82(2) Cr.P.C. Court has not recorded its satisfaction based on report that the accused absconded Court has not recorded its satisfaction based on report that the accused abscond Court has not recorded its satisfaction based on report that the accused abscond Court has not recorded its satisfaction based on report that the accused abscond or is concealing himself so that the warrants or is concealing himself so that the of arrest can be execute despite warrants of arrest can be execute despite reasonable diligence diligence.

11. Further the reliance is placed upon the judgment of this Court in Further the reliance is placed upon the judgment of this Court in Further the reliance is placed upon the judgment of this Court in Further the reliance is placed upon the judgment of this Court in 20849 of 2021, decided on ‘Surjit Singh Dhaliwal vs. State of Punjab’, CRM-M-20849 of 2021, decided on ‘Surjit Singh Dhaliwal vs. State of Punjab’, CRM ‘Surjit Singh Dhaliwal vs. State of Punjab’, CRM

16.05.2022, wherein the , wherein the court has observed that the primary object of service is to court has observed that the primary object of service is to secure the accused’s presence in trial. The petitioner secure the accused’s presence in trial has approached this Court on The petitioner has approached this Court on its own, which establishes the bonafide at this stage. Without adjudicating the its own, which establishes the bonafide at this stage. Without adjudicating the its own, which establishes the bonafide at this stage. Without adjudicating the its own, which establishes the bonafide at this stage. Without adjudicating the and stand taken by the petitioner, this Court, in the exercise of explanation offered and stand taken by the petitioner, this Court, in the exercise of and stand taken by the petitioner, this Court, in the exercise of explanation offered riate to grant the its inherent powers under Section 482 Cr.P.C, deems it appropriate to grant the its inherent powers under Section 482 Cr.P.C, deems it approp its inherent powers under Section 482 Cr.P.C, deems it approp following limited relief to the petitioner, subject to the compliance of the conditions following limited relief to the petitioner, subject to the compliance of the conditions following limited relief to the petitioner, subject to the compliance of the conditions following limited relief to the petitioner, subject to the compliance of the conditions mentioned in this order. mentioned in this order

12. Surjit Singh Dhaliwal’s case (supra) In view of dictum laid down in Surjit Singh Dhaliwal’s case (supra) Surjit Singh Dhaliwal’s case (supra) In view of dictum keeping in view the fact that the petitioner himself appeared before the and also keeping in view the fact that the petitioner himself appeared before the keeping in view the fact that the petitioner himself appeared before the keeping in view the fact that the petitioner himself appeared before the Court and the undertaking given undertaking given before this Court by the learned counsel for the before this Court by the learned counsel for the the prayer of the petitioner is accepted. The impugned order dated petitioner, the prayer of the petitioner is accepted. The impugned order dated the prayer of the petitioner is accepted. The impugned order dated the prayer of the petitioner is accepted. The impugned order dated

30.09.2023 (Annexure P-7) where by the learned trial Court issued non 30.09.2023 (Annexure P bailable where by the learned trial Court issued non-bailable TRIPTI SAINI 2026.03.13 18:46 I attest to the accuracy and integrity of this document CRM-M-13112- -2026 (O&M) -4- warrants against the petitioner as well as order dated 12.02.2026, whereby the warrants against the petitioner as well as order dated 12.02.2026, whereby the warrants against the petitioner as well as order dated 12.02.2026, whereby the warrants against the petitioner as well as order dated 12.02.2026, whereby the as proclaimed learned Chief Judicial Magistate, Rewari, declared the petitioner as proclaimed learned Chief Judicial Magistate, Rewari, declared the petitioner learned Chief Judicial Magistate, Rewari, declared the petitioner along with all the consequential proceedings are ordered to be set aside. along with all the consequential proceedings person along with all the consequential proceedings

13. he petitioner is directed to surrender before the trial Accordingly, the petitioner is directed to surrender before the trial he petitioner is directed to surrender before the trial Accordingly, t Court within a period of 10 days from today and apply for regular bail Court within a period of subject to and apply for regular bail, subject to as costs to be paid by the petitioner in the Poor Patients payment of Rs.5,000/- as costs to be paid by the petitioner in the Poor Patients as costs to be paid by the petitioner in the Poor Patients payment of Rs. , PGIMER, Chandigarh. Welfare Fund, PGIMER, Chandigarh

14. In case, such an application for bail is moved by the petitioner before In case, such an application for bail is moved by the petitioner before In case, such an application for bail is moved by the petitioner before In case, such an application for bail is moved by the petitioner before the learned trial Court, the same shall be considered on the same date and decided the learned trial Court, the same shall be considered on the same date and decided the learned trial Court, the same shall be considered on the same date and decided the learned trial Court, the same shall be considered on the same date and decided accordance with law. in accordance with law.

15. 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 within a stipulated period, this order shall be deemed to be vacated. Court within a stipulated period, this order shall be deemed to be vacated. Court within a stipulated period, this order shall be deemed to be vacated.

17. With aforementioned terms, present petition stands disposed of. With aforementioned terms, present petition stands disposed of. With aforementioned terms, present petition 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. All pending miscellaneous application(s), if any, stands disposed of. March 11, 2026 tripti (MANDEEP PANNU) JUDGE : Speaking Whether speaking/non-speaking : Speaking Whether speaking/non : Yes/No : Yes/No Whether reportable Whether reportable TRIPTI SAINI 2026.03.13 18:46 I attest to the accuracy and integrity of this document