Ltd v. MANDEEP PANNU

Judgment

1. The present petition has been preferred under Section 528 of the The present petition has been preferred under Section 528 of the The present petition has been preferred under Section 528 of the The present petition has been preferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 482 Cr.P.C) Bharatiya Nagarik (corresponding Section 482 Cr.P.C), , for quashing the impugned order dated 12.01.2026 quashing the impugned order dated vide which the petitioner has been vide which the petitioner has been as a proclaimed person in Complaint No. NACT 2404 of 2020 dated as a proclaimed person in Complaint No. NACT 2404 of 2020 declared as a proclaimed person in Complaint No. NACT 2404 of 2020

26.06.2020, under Section 138 of Negotiable Instruments Act, 1881, , under Section 138 of Negotiable Instruments Act, 1881

2. Learned counsel for the petitioner submits that the petitioner was Learned counsel for the petitioner submits that the petitioner was Learned counsel for the petitioner submits that the petitioner was Learned counsel for the petitioner submits that the petitioner was summoned to face trial under Sections 138 and 141 of the Negotiable Instruments summoned to face trial under Sections 138 and 141 of the Negotiable Instruments summoned to face trial under Sections 138 and 141 of the Negotiable Instruments summoned to face trial under Sections 138 and 141 of the Negotiable Instruments . As the notices and bailable warrants could not be Act vide order dated 09.12.2021. As the notices and bailable warrants could not be . As the notices and bailable warrants could not be Act vide order dated bailable warrants were issued against the petitioner on 29.01.2024 executed, non-bailable warrants were issued against the petitioner on 29.01.2024 bailable warrants were issued against the petitioner on 29.01.2024 bailable warrants were issued against the petitioner on 29.01.2024 for 19.07.2024. However, the matter was taken up on 16.07.2024 and adjourned to for 19.07.2024. However, the matter was taken up on 16.07.2024 and adjourned to for 19.07.2024. However, the matter was taken up on 16.07.2024 and adjourned to for 19.07.2024. However, the matter was taken up on 16.07.2024 and adjourned to had not been received back, fresh non- 29.11.2024. On 29.11.2024, as the warrants had not been received back, fresh non had not been received back, fresh non 29.11.2024. On 29.11.2024, as the warrants bailable warrants were issued for 20.02.2025 and thereafter again for 29.05.2025 bailable warrants were issued for 20.02.2025 and thereafter again for 29.05.2025 bailable warrants were issued for 20.02.2025 and thereafter again for 29.05.2025 bailable warrants were issued for 20.02.2025 and thereafter again for 29.05.2025 along with notice to surety and identifier. Subsequently, on 12.11.2025, when the along with notice to surety and identifier. Subsequently, on 12.11.2025, when the along with notice to surety and identifier. Subsequently, on 12.11.2025, when the along with notice to surety and identifier. Subsequently, on 12.11.2025, when the was ordered to be served warrants were received back unexecuted, the petitioner was ordered to be served warrants were received back unexecuted, the petitioner warrants were received back unexecuted, the petitioner through proclamation under Section 82 Cr.P.C., returnable for 11.12.2025. On through proclamation under Section 82 Cr.P.C., returnable for 11.12.2025. On through proclamation under Section 82 Cr.P.C., returnable for 11.12.2025. On through proclamation under Section 82 Cr.P.C., returnable for 11.12.2025. On TRIPTI SAINI 2026.03.13 11:16 I attest to the accuracy and integrity of this document CRM-M-12906- -2026 (O&M) -2-

11.12.2025, the proclamation was reported to have been duly published on 11.12.2025, the proclamation was reported to have been duly published on 11.12.2025, the proclamation was reported to have been duly published on 11.12.2025, the proclamation was reported to have been duly published on however, the 24.11.2025 and the statement of the executing official was recorded, however, the 24.11.2025 and the statement of the executing official was recorded 24.11.2025 and the statement of the executing official was recorded statutory period had not expired and the case was adjourned to 12.01.2026 for the statutory period had not expired and the case was adjourned to 12.01.2026 for the statutory period had not expired and the case was adjourned to 12.01.2026 for the statutory period had not expired and the case was adjourned to 12.01.2026 for the appearance of the petitioner. appearance of the petitioner.

3. Learned counsel further submits that the petitioner was not duly Learned counsel further submits that the petitioner was not duly Learned counsel further submits that the petitioner was not duly Learned counsel further submits that the petitioner was not duly served and was consequently declared a proclaimed offender vide order dated served and was consequently declared a proclaimed offender vide order date served and was consequently declared a proclaimed offender vide order date served and was consequently declared a proclaimed offender vide order date

. It is contended that the mandatory requirements of Section 82 Cr.P.C. 12.01.2026. It is contended that the mandatory requirements of Section 82 Cr.P.C. . It is contended that the mandatory requirements of Section 82 Cr.P.C. . It is contended that the mandatory requirements of Section 82 Cr.P.C. (now Section 84 of the BNSS) were not complied with, as the Court is required to (now Section 84 of the BNSS) were not complied with, as the Court is required to (now Section 84 of the BNSS) were not complied with, as the Court is required to (now Section 84 of the BNSS) were not complied with, as the Court is required to record its satisfaction that the accused has absconded or is concealing himself and record its satisfaction that the accused has absconded or is concealing himself and record its satisfaction that the accused has absconded or is concealing himself and record its satisfaction that the accused has absconded or is concealing himself and e warrants could not be executed. Such satisfaction must be based upon the that the warrants could not be executed. Such satisfaction must be based upon the e warrants could not be executed. Such satisfaction must be based upon the e warrants could not be executed. Such satisfaction must be based upon the He further submits that report of execution and the material placed on record. He further submits that report of execution and the material placed on record. report of execution and the material placed on record. here the period between issuance and publication of the proclamation and the where the period between issuance and publication of the proclamation and the here the period between issuance and publication of the proclamation and the here the period between issuance and publication of the proclamation and the hearing is less than thirty days, the accused cannot be declared a specified date of hearing is less than thirty days, the accused cannot be declared a hearing is less than thirty days, the accused cannot be declared a specified date of proclaimed person/offender and the proclamation has to be issued and published proclaimed person/offender and the proclamation has to be issued and published proclaimed person/offender and the proclamation has to be issued and published proclaimed person/offender and the proclamation has to be issued and published again.

4. Therefore, it is submitted that the impugned order is Therefore, it is su legally bmitted that the impugned order is legally unsustainable and is liable to be set aside. unsustainable and

5. He further submits that the petitioner undertakes to appear before the He further submits that the petitioner undertakes to appear before the He further submits that the petitioner undertakes to appear before the He further submits that the petitioner undertakes to appear before the trial Court on each and every date of hearing. trial Court on each and every date of hearing.

6. As the short controversy is involved in the present petition, no notice As the short controversy is involved in the present petition, no notice As the short controversy is involved in the present petition, no notice As the short controversy is involved in the present petition, no notice is required to be issued. is required to be issued.

8. and perused the record. I have heard learned counsel for the petitioner and perused the record. I have heard learned counsel for the I have heard learned counsel for the A co-ordinate Bench of this Court A co 2021 titled Court in CRM-M-14209-2021 titled , has summarized "Anita Sharma v. State of Punjab ", date of decision 26.03.2021, has summarized "Anita Sharma v. State of Punjab ", date of decision 26.03.2021 "Anita Sharma v. State of Punjab ", date of decision 26.03.2021 the essential requirements of Section 82 Cr.P.C. as under: the essential requirements of Section Cr.P.C. as under:- TRIPTI SAINI 2026.03.13 11:16 I attest to the accuracy and integrity of this document CRM-M-12906- -2026 (O&M) -3- is sine qua non "(i) Prior issuance of warrant of arrest by the Court is sine qua non "(i) Prior issuance of warrant of arrest by the "(i) Prior issuance of warrant of arrest by the has to for issuance and publication of the proclamation and the Court has to for issuance and publication of the proclamation and the for issuance and publication of the proclamation and the Rohit first issue warrant of arrest against the person concerned. (See Rohit first issue warrant of arrest against the pe first issue warrant of arrest against the pe Kumar v. State of Delhi: 2008 Crl. J. 2561). Kumar v. State of Delhi: 2008 Crl. J. 2561 Kumar v. State of Delhi: 2008 Crl. J. 2561 that the person against (ii) There must be a report before the Court that the person against (ii) There must be a report before the (ii) There must be a report before the whom warrant was issued had absconded or had been concealing whom warrant was issued had absconded or had been concealing whom warrant was issued had absconded or had been concealing whom warrant was issued had absconded or had been concealing cuted against himself so that the warrant of arrest could not be executed against himself so that the warrant of arrest could not be exe himself so that the warrant of arrest could not be exe is not bound to take evidence in this regard him. However, the Court is not bound to take evidence in this regard is not bound to take evidence in this regard him. However, the (1) of the Cr.P.C.. (See before issuing a Proclamation under Section 82(1) of the Cr.P.C.. (See before issuing a Proclamation under Section before issuing a Proclamation under Section Rohit Kumar v. State of Delhi:2008Crl. J. 2561). Rohit Kumar v. State of Delhi:2008Crl. J. 2561 Rohit Kumar v. State of Delhi:2008Crl. J. 2561 cannot issue the Proclamation as a matter of course (iii) The Court cannot issue the Proclamation as a matter of course cannot issue the Proclamation as a matter of course (iii) The must be prima facie because the Police is asking for it. The Court must be prima facie because the Police is asking for it. The because the Police is asking for it. The satisfied that the person has absconded or is concealing himself so satisfied that the person has absconded or is concealing himself so satisfied that the person has absconded or is concealing himself so satisfied that the person has absconded or is concealing himself so be executed, that the warrant of arrest, previously issued, cannot be executed, that the warrant of arrest, previously issued, cannot that the warrant of arrest, previously issued, cannot Bishundayal Mahton and others v. despite reasonable diligence. (See Bishundayal Mahton and others v. Bishundayal Mahton and others v. despite reasonable diligence. (See Emperor: AIR 1943 Patna 366 and Emperor: AIR 1943 Patna 366 Devender Singh Negi v. State of and Devender Singh Negi v. State of U.P.: 1994 Crl LJ (Allahabad HC) 1783). U.P.: 1994 Crl LJ (Allahabad HC) 1783 U.P.: 1994 Crl LJ (Allahabad HC) 1783 (iv) The requisite date and place for appearance must be specified in (iv) The requisite date and place for appearance must be specified in (iv) The requisite date and place for appearance must be specified in (iv) The requisite date and place for appearance must be specified in the proclamation requiring such person to appear on such date at the the proclamation requiring such person to appear on such date at the the proclamation requiring such person to appear on such date at the the proclamation requiring such person to appear on such date at the specified place. specified place. Such date must not be less than 30 clear days from the date of Such date must not be less than 30 clear days from the date of Such date must not be less than 30 clear days from the date of Such date must not be less than 30 clear days from the date of GurappaGugal and issuance an publication of the proclamation. (See GurappaGugal and issuance an publication of the proclamation. (See issuance an publication of the proclamation. (See Shokat Ali v. State of others v. State of Mysore 1969 CriLJ 826 and Shokat Ali v. State of others v. State of Mysore 1969 CriLJ 826 others v. State of Mysore 1969 CriLJ 826 Haryna: 2020(2) RCR (Criminal) 339). Haryna: 2020(2) RCR (Criminal) 339 Haryna: 2020(2) RCR (Criminal) 339 (v) Where the period between issuance and publication of the (v) Where the period between issuance and publication of the (v) Where the period between issuance and publication of the (v) Where the period between issuance and publication of the proclamation and the specified date of hearing is less than thirty days, proclamation and the specified date of hearing is less than thirty days, proclamation and the specified date of hearing is less than thirty days, proclamation and the specified date of hearing is less than thirty days, er and the the accused cannot be declared a proclaimed person/offender and the the accused cannot be declared a proclaimed person/offend the accused cannot be declared a proclaimed person/offend Dilbagh proclamation has to be issued and published again. (See Dilbagh proclamation has to be issued and published again. (See proclamation has to be issued and published again. (See Singh v. State of Punjab (P&II): 2015 (8) RCR (criminal) 166 and Singh v. State of Punjab (P&II): 2015 (8) RCR (criminal) 166 Singh v. State of Punjab (P&II): 2015 (8) RCR (criminal) 166 Ashok Kumar v. State of Haryana and another : 2013 (4) RCR Ashok Kumar v. State of Haryana and another : 2013 (4) RCR Ashok Kumar v. State of Haryana and another : 2013 (4) RCR Ashok Kumar v. State of Haryana and another : 2013 (4) RCR (Criminal) 550) (Criminal) 550 in the manner laid down in (vi) The Proclamation has to be published in the manner laid down in (vi) The Proclamation has to be published (vi) The Proclamation has to be published (2) of the Cr.P.C. For publication, the proclamation has to Section 82(2) of the Cr.P.C. For publication, the proclamation has to (2) of the Cr.P.C. For publication, the proclamation has to Section TRIPTI SAINI 2026.03.13 11:16 I attest to the accuracy and integrity of this document CRM-M-12906- -2026 (O&M) -4- be first publicly read in some conspicuous place of the town or village be first publicly read in some conspicuous place of the town or village be first publicly read in some conspicuous place of the town or village be first publicly read in some conspicuous place of the town or village in which the accused ordinarily resides; then the same has to be in which the accused ordinarily resides; then the same has to be in which the accused ordinarily resides; then the same has to be in which the accused ordinarily resides; then the same has to be affixed to some conspicuous part of the house or homestead in which affixed to some conspicuous part of the house or homestead in which affixed to some conspicuous part of the house or homestead in which affixed to some conspicuous part of the house or homestead in which us place of such the accused ordinarily resides or to some conspicuous place of such the accused ordinarily resides or to some conspicuo the accused ordinarily resides or to some conspicuo town or village and thereafter a copy of the proclamation has to be town or village and thereafter a copy of the proclamation has to be town or village and thereafter a copy of the proclamation has to be town or village and thereafter a copy of the proclamation has to be house. The three affixed to some conspicuous part of the Court-house. The three affixed to some conspicuous part of the affixed to some conspicuous part of the (c) in Section 82 (2)(i) of the Cr.P.C. are conjunctive subclauses (a)-(c) in Section 82 (2)(i) of the Cr.P.C. are conjunctive (c) in Section 82 (2)(i) of the Cr.P.C. are conjunctive subclauses (a) there would be no valid and not disjunctive, which means that there would be no valid and not disjunctive, which means that and not disjunctive, which means that publication of the proclamation unless all the three modes of publication of the proclamation unless all the three modes of publication of the proclamation unless all the three modes of publication of the proclamation unless all the three modes of Pawan Kumar Gupta v. The State of publication are proved. (See Pawan Kumar Gupta v. The State of Pawan Kumar Gupta v. The State of publication are proved. (See W.B.: 1973 CriLJ 1368). Where the W.B.: 1973 CriLJ 1368 so orders a copy of the ). Where the Court so orders a copy of the hed in a daily newspaper proclamation has to be additionally published in a daily newspaper proclamation has to be additionally publis proclamation has to be additionally publis circulating in the place in which the accused ordinarily resides. circulating in the place in which the accused ordinarily resides. circulating in the place in which the accused ordinarily resides. circulating in the place in which the accused ordinarily resides. Advisably, proclamation has to be issued with four copies so that one Advisably, proclamation has to be issued with four copies so that one Advisably, proclamation has to be issued with four copies so that one Advisably, proclamation has to be issued with four copies so that one each of the three copies of the proclamation may be affixed to some each of the three copies of the proclamation may be affixed to some each of the three copies of the proclamation may be affixed to some each of the three copies of the proclamation may be affixed to some se or homestead in which the accused conspicuous part of the house or homestead in which the accused se or homestead in which the accused conspicuous part of the hou ordinarily resides, to some conspicuous place of such town or village ordinarily resides, to some conspicuous place of such town or village ordinarily resides, to some conspicuous place of such town or village ordinarily resides, to some conspicuous place of such town or village house and report and to some conspicuous part of the Court-house and report and to some conspicuous part of the and to some conspicuous part of the regarding publication may be made on the fourth copy of the regarding publication may be made on the fourth copy of the regarding publication may be made on the fourth copy of the regarding publication may be made on the fourth copy of the will be required where proclamation. Additional copy will be required where proclamation. Additional copy proclamation. Additional copy proclamation is also required to be published in the newspaper. proclamation is also required to be published in the newspaper. proclamation is also required to be published in the newspaper. Court (vii) Statement of the serving officer has to be recorded by the Court (vii) Statement of the serving officer has to be recorded by the (vii) Statement of the serving officer has to be recorded by the as to the date and mode of publication of the proclamation. (See as to the date and mode of publication of the proclamation. (See as to the date and mode of publication of the proclamation. (See as to the date and mode of publication of the proclamation. (See Birad Dan v. State: 1958 CriLJ 965 Birad Dan v. State: 1958 CriL J 965). issuing the proclamation has to make a statement in viii) The Court issuing the proclamation has to make a statement in issuing the proclamation has to make a statement in viii) The that the proclamation was duly published on a writing in its order that the proclamation was duly published on a that the proclamation was duly published on a writing in its specified day in a manner specified in Section 82(2)(i) of the Cr.P.C.. specified day in a manner specified in Section 82(2)(i) of the Cr.P.C.. specified day in a manner specified in Section 82(2)(i) of the Cr.P.C.. specified day in a manner specified in Section 82(2)(i) of the Cr.P.C.. Such statement in writing by the Court Such statement in writing by the declared to be conclusive Court is declared to be conclusive evidence that the requirements of Section 82 have been complied with evidence that the requirements of Section 82 have been complied with evidence that the requirements of Section 82 have been complied with evidence that the requirements of Section 82 have been complied with Birad Dan and that the proclamation was published on such day. (See Birad Dan and that the proclamation was published on such day. (See and that the proclamation was published on such day. (See v. State: 1958 CriLJ 965). v. State: 1958 CriLJ 965 (2) of the Cr.P.C. for the (xi) The conditions specified in Section 82(2) of the Cr.P.C. for the (xi) The conditions specified in Section (xi) The conditions specified in Section publication of a Proclamation against an absconder are mandatory. publication of a Proclamation against an absconder are mandatory. publication of a Proclamation against an absconder are mandatory. publication of a Proclamation against an absconder are mandatory. TRIPTI SAINI 2026.03.13 11:16 I attest to the accuracy and integrity of this document CRM-M-12906- -2026 (O&M) -5- compliance therewith cannot be cured as an 'irregularity' Any non-compliance therewith cannot be cured as an 'irregularity' compliance therewith cannot be cured as an 'irregularity' Any non and renders the Proclamation and proceedings subsequent thereto a and renders the Proclamation and proceedings subsequent thereto a and renders the Proclamation and proceedings subsequent thereto a and renders the Proclamation and proceedings subsequent thereto a nullity. (See Devendra Singh Negi alias Debu v. State of U.P. and llity. (See Devendra Singh Negi alias Debu v. State of U.P. and Devendra Singh Negi alias Debu v. State of U.P. and Pal Singh v. The State: 1955 CriLJ another 1994 CriLJ 1783 and Pal Singh v. The State: 1955 CriLJ Pal Singh v. The State: 1955 CriLJ another 1994 CriLJ 1783 318)". 318

9. Perusal of the paper book reveals that the learned Judicial Magistrate Perusal of the paper book reveals that the learned Judicial Magistrate Perusal of the paper book reveals that the learned Judicial Magistrate Perusal of the paper book reveals that the learned Judicial Magistrate on 12.11.2025 First Class ordered issuance of proclamation under Section 82 CrPC on 12.11.2025 First Class ordered issuance of proclamation under Section 82 CrPC First Class ordered issuance of proclamation under Section 82 CrPC However as per the statement of executing against the accused for 11.12.2025. However as per the statement of executing However as per the statement of executing against the accused for on 24.11.2025. On 11.12.2025, the case was adjourned to official, it was effected on 24.11.2025. On 11.12.2025, the case was adjourned to on 24.11.2025. On 11.12.2025, the case was adjourned to official, it was effected

12.01.2026 for appearance of accused, as the statutory period was not expired. On 12.01.2026 for appearance of accused, as the statutory period was not expired. 12.01.2026 for appearance of accused, as the statutory period was not expired. 12.01.2026 for appearance of accused, as the statutory period was not expired.

12.01.2025, itself, the petitioner was declared a proclaimed 12.01.2025, itself on the ground , the petitioner was declared a proclaimed person on the ground from the date of issuance of the proclamation. that a period of 30 days had elapsed from the date of issuance of the proclamation. from the date of issuance of the proclamation. that a period of 30 days had elapsed

10. This Court finds that the aforesaid procedure adopted by the learned This Court finds that the aforesaid procedure adopted by the learned This Court finds that the aforesaid procedure adopted by the learned This Court finds that the aforesaid procedure adopted by the learned trial Court does not satisfy the mandatory requirements of Section 82(1) CrPC. The trial Court does not satisfy the mandatory requirements of Section 82(1) CrPC. The trial Court does not satisfy the mandatory requirements of Section 82(1) CrPC. The trial Court does not satisfy the mandatory requirements of Section 82(1) CrPC. The completion of one month from mere fact that the case was adjourned for awaiting completion of one month from mere fact that the case was adjourned for awaiting mere fact that the case was adjourned for awaiting the date of issuance of the proclamation cannot be treated as due compliance with the date of issuance of the proclamation cannot be treated as due compliance with the date of issuance of the proclamation cannot be treated as due compliance with the date of issuance of the proclamation cannot be treated as due compliance with the statutory mandate. Section 82(1) CrPC clearly requires that the proclamation the statutory mandate. Section 82(1) CrPC clearly requires that the proclamation the statutory mandate. Section 82(1) CrPC clearly requires that the proclamation the statutory mandate. Section 82(1) CrPC clearly requires that the proclamation such date must be must specify a date and place for appearance of the accused, and such date must be must specify a date and place for appearance of the accused, and must specify a date and place for appearance of the accused, and publication of the proclamation, which not less than 30 clear days from the date of publication of the proclamation, which publication of the proclamation, which not less than 30 clear days from the date of is not so in the present case. is not so in the present case.

11. It is well settled that where the period between the date of publication It is well settled that where the period between the date of publication It is well settled that where the period between the date of publication It is well settled that where the period between the date of publication appearance is less than 30 clear days, the of the proclamation and the date fixed for appearance is less than 30 clear days, the appearance is less than 30 clear days, the of the proclamation and the date fixed for proclamation proceedings are vitiated and the accused cannot be declared a proclamation proceedings are vitiated and the accused cannot be declared a proclamation proceedings are vitiated and the accused cannot be declared a proclamation proceedings are vitiated and the accused cannot be declared a proclaimed offender. In such circumstances, a fresh proclamation is required to be proclaimed offender. In such circumstances, a fresh proclamation is required to be proclaimed offender. In such circumstances, a fresh proclamation is required to be proclaimed offender. In such circumstances, a fresh proclamation is required to be n this regard is rightly issued and published in accordance with law. Reliance in this regard is rightly issued and published in accordance with law. Reliance i issued and published in accordance with law. Reliance i Dilbagh Singh vs. State of Punjab, 2015 (8) RCR (Criminal) 166. placed upon Dilbagh Singh vs. State of Punjab, 2015 (8) RCR (Criminal) 166. Dilbagh Singh vs. State of Punjab, 2015 (8) RCR (Criminal) 166. TRIPTI SAINI 2026.03.13 11:16 I attest to the accuracy and integrity of this document CRM-M-12906- -2026 (O&M) -6-

12. In the present case, the proclamation was admittedly effected on In the present case, the proclamation was admittedly effected on In the present case, the proclamation was admittedly effected on In the present case, the proclamation was admittedly effected on . Instead of issuing a fresh proclamation after ensuring compliance with 24.11.2025. Instead of issuing a fresh proclamation after ensuring compliance with . Instead of issuing a fresh proclamation after ensuring compliance with . Instead of issuing a fresh proclamation after ensuring compliance with e mandatory requirement of fixing a date beyond 30 clear days from the date of the mandatory requirement of fixing a date beyond 30 clear days from the date of e mandatory requirement of fixing a date beyond 30 clear days from the date of e mandatory requirement of fixing a date beyond 30 clear days from the date of publication, the learned trial Court merely adjourned the matter to 12.01.2026 publication, the learned trial Court merely adjourned the matter to publication, the learned trial Court merely adjourned the matter to awaiting the presence of the accused. Such adjournment cannot cure the inherent awaiting the presence of the accused. Such adjournment cannot cure the inherent awaiting the presence of the accused. Such adjournment cannot cure the inherent awaiting the presence of the accused. Such adjournment cannot cure the inherent proclamation proceedings. defect in the proclamation proceedings.

13. Therefore, this Court has no hesitation in holding that the essential Therefore, this Court has no hesitation in holding that the essential Therefore, this Court has no hesitation in holding that the essential Therefore, this Court has no hesitation in holding that the essential requirements of Section 82(1) CrPC have not been complied with in the present requirements of Section 82(1) CrPC have not been complied with in the present requirements of Section 82(1) CrPC have not been complied with in the present requirements of Section 82(1) CrPC have not been complied with in the present laimed case. Consequently, the proclamation order declaring the petitioner as a proclaimed case. Consequently, the proclamation order declaring the petitioner as a proc case. Consequently, the proclamation order declaring the petitioner as a proc person is legally unsustainable. person is legally unsustainable.

14. bailable warrants or proclamation The object behind issuance of non-bailable warrants or proclamation The object behind issuance of non The object behind issuance of non is only to secure the presence of the accused. In the present case, the petitioner has is only to secure the presence of the accused. In the present case, the petitioner has is only to secure the presence of the accused. In the present case, the petitioner has is only to secure the presence of the accused. In the present case, the petitioner has appear before the trial Court voluntarily approached this Court and undertaken to appear before the trial Court voluntarily approached this Court and undertaken to voluntarily approached this Court and undertaken to regularly.

15. 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 /Duty Magistrate, petitioner can be directed to appear before the trial Court/Duty Magistrate petitioner can be directed to appear before the trial Court that the petitioner can be directed to appear before the trial Court so that trial may resume. Accordingly, plea of the pet so that trial may resume. itioner is accepted. Impugned Accordingly, plea of the petitioner is accepted. Impugned order dated 12.01.2026 set aside to the extent of declaring the petitioner as 12.01.2026 is set aside to the extent of declaring the petitioner as set aside to the extent of declaring the petitioner as directed to be released on bail, in the eventuality of ‘proclaimed person’, and he is directed to be released on bail, in the eventuality of directed to be released on bail, in the eventuality of ‘proclaimed person’, and he is surrender by him before the trial Court/Duty Magistrate surrender by him before the trial hin a period of two /Duty Magistrate within a period of two weeks from today subject to payment of Rs.5000/ weeks from today Rs.5000/- as costs to be deposited by Poor Patients Welfare Fund, PGIMER, Chandigarh. petitioner in Poor Patients Welfare Fund, PGIMER, Chandigarh. Poor Patients Welfare Fund, PGIMER, Chandigarh.

16. The petitioner shall also furnish fresh bail bonds/surety bonds to the The petitioner shall also furnish fresh bail bonds/surety bonds to the The petitioner shall also furnish fresh bail bonds/surety bonds to the The petitioner shall also furnish fresh bail bonds/surety bonds to the satisfaction of satisfaction of trial Court. Besides, petitioner will also submit an trial Court. Besides, petitioner will also submit an trial Court. Besides, petitioner will also submit an TRIPTI SAINI 2026.03.13 11:16 I attest to the accuracy and integrity of this document CRM-M-12906- -2026 (O&M) -7- undertaking/affidavit that he will keep appearing during the proceedings of the trial undertaking/affidavit that he will keep appearing during the proceedings of the trial undertaking/affidavit that he will keep appearing during the proceedings of the trial undertaking/affidavit that he will keep appearing during the proceedings of the trial future and the proceedings will not be delayed because of his conduct. in future and the proceedings will not be delayed because of his conduct. future and the proceedings will not be delayed because of his conduct.

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

19. With aforementioned terms, present petition stands disposed of. With aforementioned terms, present petition stands disposed of. With aforementioned terms, present petition stands disposed of. any, stands disposed of. All pending miscellaneous application(s), if any, stands disposed of. All pending miscellaneous application(s), if All pending miscellaneous application(s), if March 10, 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 11:16 I attest to the accuracy and integrity of this document