CRM-M-29406- -2022 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA IN THE v. CRM-M-29406-2022
Case Details
CRM-M-29406- -2022 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH AT CHANDIGARH 283 Mohan Singh State of Punjab State of Punjab Versus CRM-M-29406-2022 (O&M) 2022 (O&M) Date of decision: 28.10.2025 Date of decision: 28.10.2025 ....Petitioner ....Petitioner ...Respondents ...Respondents
Legal Reasoning
his submission, reliance is placed on the judgments of this Court in Gurbir Singh his submission, reliance is placed on the judgments of this Court in his submission, reliance is placed on the judgments of this Court in Gurbir Singh Mundi vs. State of Punjab and another CRM Mundi vs. State of Punjab and another 2021, decided on CRM-M-49283-2021, decided on HIMANSHU 2025.11.01 11:01 I attest to the accuracy and integrity of this document CRM-M-29406- -2022 (O&M) 3 16.12.2021. 3. Learned State counsel, on the other hand, submits that the order Learned State counsel, on the other hand, submits that the order Learned State counsel, on the other hand, submits that the order Learned State counsel, on the other hand, submits that the order passed against the petitioner is legal and valid on account of the fact that he had passed against the petitioner is legal and valid on account of the fact that he had passed against the petitioner is legal and valid on account of the fact that he had passed against the petitioner is legal and valid on account of the fact that he had absented from the proceedings before the trial Court without any just cause. absented from the proceedings before the trial Court without any just cause. absented from the proceedings before the trial Court without any just cause. 4. No order prejudicial to the rights of the private respondent is being No order prejudicial to the rights of the private respondent is being No order prejudicial to the rights of the private respondent is being No order prejudicial to the rights of the private respondent is being by this Court, thus, there is no requirement of impleading proposed to be passed by this Court, thus, there is no requirement of impleading by this Court, thus, there is no requirement of impleading proposed to be passed him as party. 5. 6. Heard. Heard. In the case of Gurbir Singh Mundi In the case of (supra), it was held that Gurbir Singh Mundi (supra), it was held that provisions of Section 82(2) Cr.PC. are to be mandatorily complied with provisions of Section 82(2) Cr.PC. are to be mandatorily complied with provisions of Section 82(2) Cr.PC. are to be mandatorily complied with provisions of Section 82(2) Cr.PC. are to be mandatorily complied with The Court had quashed the order declaring the cumulatively and not alternatively. The Court had quashed the order declaring the The Court had quashed the order declaring the cumulatively and not alternatively. petitioner therein as proclaimed person on the ground that declaration was not read petitioner therein as proclaimed person on the ground that declaration was not read petitioner therein as proclaimed person on the ground that declaration was not read petitioner therein as proclaimed person on the ground that declaration was not read publicly in some conspicuous place of town or village, in which the accused publicly in some conspicuous place of town or village, in which the accused publicly in some conspicuous place of town or village, in which the accused publicly in some conspicuous place of town or village, in which the accused ordinarily resides. ordinarily resides 7. tion of proclamation proceedings, is to The very purpose of initiation of proclamation proceedings, is to tion of proclamation proceedings, is to The very purpose of initia compel and secure the presence of the accused to face trial and establish the rule compel and secure the presence of the accused to face trial and establish the rule compel and secure the presence of the accused to face trial and establish the rule compel and secure the presence of the accused to face trial and establish the rule of law, as also to ensure finalization of the proceedings. of law, as also to ensure finalization of the proceedings. of law, as also to ensure finalization of the proceedings. 8. Considering the fact that the absence of the petitioner was not wilful Considering the fact that the absence of the petitioner was not wilful Considering the fact that the absence of the petitioner was not wilful Considering the fact that the absence of the petitioner was not wilful or deliberate and his readiness and willingness to surrender and join the or deliberate and his readiness and willingness to surrender and join the or deliberate and his readiness and willingness to surrender and join the or deliberate and his readiness and willingness to surrender and join the proceedings, in case one opportunity is granted to the petitioner, no prejudice shall proceedings, in case one opportunity is granted to the petitioner, no prejudice shall proceedings, in case one opportunity is granted to the petitioner, no prejudice shall proceedings, in case one opportunity is granted to the petitioner, no prejudice shall be caused to any of the parties, rather his joining the proceedings would help in be caused to any of the parties, rather his joining the proceedings would help in be caused to any of the parties, rather his joining the proceedings would help in be caused to any of the parties, rather his joining the proceedings would help in e trial. This Court in light of the judgment referred to above being expediting the trial. This Court in light of the judgment referred to above being e trial. This Court in light of the judgment referred to above being e trial. This Court in light of the judgment referred to above being applicable to the instant case, finds that the ends of justice would be adequately applicable to the instant case, finds that the ends of justice would be adequately applicable to the instant case, finds that the ends of justice would be adequately applicable to the instant case, finds that the ends of justice would be adequately met if the present petition is allowed. met if the present petition is allowed. 9. mentioned judgments and the facts and In view of the afore-mentioned judgments and the facts and mentioned judgments and the facts and In view of the afore HIMANSHU 2025.11.01 11:01 I attest to the accuracy and integrity of this document CRM-M-29406- -2022 (O&M) 4 12, circumstances of the case, the impugned order dated 01.09.2003, Annexure P-12, circumstances of the case, the impugned order dated 01.09.2003, Annexure P circumstances of the case, the impugned order dated 01.09.2003, Annexure P is set aside, subject to surrender by the petitioner before the trial Court on or is set aside, subject to surrender by the petitioner before the trial Court on or is set aside, subject to surrender by the petitioner before the trial Court on or is set aside, subject to surrender by the petitioner before the trial Court on or before 16.11.2025 and payment of costs of Rs.10,000/ before 16.11.2025 Sai and payment of costs of Rs.10,000/- to be deposited with Sai Aasra Paraplegic Rehab Centre, Kotak Mahindra Aasra Paraplegic Bank, Branch Sector 27 D, Rehab Centre, Kotak Mahindra Bank, Branch Sector 27 D, On furnishing Chandigarh, Account No: 9612001641, IFSC: KKBK0004201. On furnishing Chandigarh, Account No: 9612001641, IFSC: KKBK0004201 Chandigarh, Account No: 9612001641, IFSC: KKBK0004201 bail/surety bonds, the trial Court shall release him on bail subject to its bail/surety bonds, the trial Court shall release him on bail subject to its bail/surety bonds, the trial Court shall release him on bail subject to its bail/surety bonds, the trial Court shall release him on bail subject to its king by way of an affidavit satisfaction. He is also directed to furnish an undertaking by way of an affidavit satisfaction. He is also directed to furnish an underta satisfaction. He is also directed to furnish an underta that he will appear on each and every date of hearing before the trial Court, unless that he will appear on each and every date of hearing before the trial Court, unless that he will appear on each and every date of hearing before the trial Court, unless that he will appear on each and every date of hearing before the trial Court, unless specifically exempted by the Court. He shall not leave the country without prior specifically exempted by the Court. He shall not leave the country without prior specifically exempted by the Court. He shall not leave the country without prior specifically exempted by the Court. He shall not leave the country without prior condition that it permission of the Court. The trial Court may impose any other condition that it permission of the Court. The trial Court may impose any other permission of the Court. The trial Court may impose any other may deem appropriate in the facts and circumstances of the present case. may deem appropriate in the facts and circumstances of the present case. may deem appropriate in the facts and circumstances of the present case. 10. 11.
Arguments
HON'BLE MR. JUSTICE AMAN CHAUDHARY CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY HON'BLE MR. JUSTICE AMAN CHAUDHARY Present : Mr. P.P.S. Duggall , Advocate for the petitioner. Mr. P.P.S. Duggall, Advocate for the petitioner. ***** Mr. Jasjit Singh, DAG Punjab. Mr. Jasjit Singh, DAG Punjab AMAN CHAUDHARY, J. (ORAL) AMAN CHAUDHARY, J. (ORAL) ***** 1. Prayer made in the present petition for quashing the order dated Prayer made in the present petition for quashing the order dated Prayer made in the present petition for quashing the order dated Prayer made in the present petition for quashing the order dated 01.09.2003, vide which the petitioner was declared as proclaimed person in FIR 01.09.2003, vide which the petitioner was declared as proclaimed person in FIR 01.09.2003, vide which the petitioner was declared as proclaimed person in FIR 01.09.2003, vide which the petitioner was declared as proclaimed person in FIR No.195 dated 10.08.2002, registered under Sections 15, 61 and 85 of NDPS Act, No.195 dated 10.08.2002, registered under Sections 15, 61 and 85 of NDPS Act, No.195 dated 10.08.2002, registered under Sections 15, 61 and 85 of NDPS Act, No.195 dated 10.08.2002, registered under Sections 15, 61 and 85 of NDPS Act, at Police Staion Shahkot, District Jalandhar. at Police Staion Shahkot, District 2. Learned counsel submits that the petitioner was not named in the Learned counsel submits that the petitioner was not named in the Learned counsel submits that the petitioner was not named in the Learned counsel submits that the petitioner was not named in the FIR, his name surfaced on the basis of disclosure statement of Parveen Kumar. He FIR, his name surfaced on the basis of disclosure statement of Parveen Kumar. He FIR, his name surfaced on the basis of disclosure statement of Parveen Kumar. He FIR, his name surfaced on the basis of disclosure statement of Parveen Kumar. He accused told the police that Mohan Singh alias Mohna further submits that said co-accused told the police that Mohan Singh alias Mohna accused told the police that Mohan Singh alias Mohna further submits that said co t Singh, resident of Bute Dian Chhana, near Lohgarh Gurudwara Sahib, son of Ajit Singh, resident of Bute Dian Chhana, near Lohgarh Gurudwara Sahib, t Singh, resident of Bute Dian Chhana, near Lohgarh Gurudwara Sahib, t Singh, resident of Bute Dian Chhana, near Lohgarh Gurudwara Sahib, was also with him, but the petitioner never resided at the aforesaid address. His was also with him, but the petitioner never resided at the aforesaid address. His was also with him, but the petitioner never resided at the aforesaid address. His was also with him, but the petitioner never resided at the aforesaid address. His father’s name is Ajij @ Ashish, resident of House No. 8, Nihalewala, Village father’s name is Ajij @ Ashish, resident of House No. 8, Nihalewala, Village father’s name is Ajij @ Ashish, resident of House No. 8, Nihalewala, Village father’s name is Ajij @ Ashish, resident of House No. 8, Nihalewala, Village It is further submitted that in the Ration Gulam Hussainwala, District Ferozepur. It is further submitted that in the Ration It is further submitted that in the Ration Gulam Hussainwala, District 1) issued to his father, address of Chuge Aju Wara, Kilcha Card (Annexure P-1) issued to his father, address of Chuge Aju Wara, Kilcha 1) issued to his father, address of Chuge Aju Wara, Kilcha Card (Annexure P 2, his birth (District Ferozepur) has been mentioned, whereas in Annexure P-2, his birth (District Ferozepur) has been mentioned, whereas in Annexure P (District Ferozepur) has been mentioned, whereas in Annexure P HIMANSHU 2025.11.01 11:01 I attest to the accuracy and integrity of this document CRM-M-29406- -2022 (O&M) 2 d as village Kilche, Nihalewala. certificate, the place of birth has been mentioned as village Kilche, Nihalewala. certificate, the place of birth has been mentione certificate, the place of birth has been mentione 3) issued by the Department of Food & Civil Ration card (Annexure P-3) issued by the Department of Food & Civil 3) issued by the Department of Food & Civil Ration card (Annexure P 4) also record the aforesaid in 2007 and his Aadhar card (Anenxure P-4) also record the aforesaid in 2007 and his Aadhar card (Anenxure P Supplies, in 2007 and his Aadhar card (Anenxure P address of Nehalewala. Annexure P-5 is the Identity Card issued by the Elec address of Nehalewala. Annexure P tion 5 is the Identity Card issued by the Election Commission of India in the year 2006, also records the aforesaid address of Commission of India in the year 2006, also records the aforesaid address of Commission of India in the year 2006, also records the aforesaid address of Commission of India in the year 2006, also records the aforesaid address of 6) and Khasra Nehalewala. The Jamabandi for the year 2004-05 (Annexure P-6) and Khasra Nehalewala. The Jamabandi for the year 2004 Nehalewala. The Jamabandi for the year 2004 7) relates to the land of the petitioner in village Girdawari (Annexure P-7) relates to the land of the petitioner in village 7) relates to the land of the petitioner in village Girdawari (Annexure P Nihalewala. Besides, a Panchayatnama dated 11.08.2006 (Annexure P Nihalewala. Besides, a Panch 8) was dated 11.08.2006 (Annexure P-8) was also signed by the Panchayat verifying the fact that the petitioner is a resident of also signed by the Panchayat verifying the fact that the petitioner is a resident of also signed by the Panchayat verifying the fact that the petitioner is a resident of also signed by the Panchayat verifying the fact that the petitioner is a resident of Village Nihalewala alias Kilcha District Ferozepur and his father has also been Village Nihalewala alias Kilcha District Ferozepur and his father has also been Village Nihalewala alias Kilcha District Ferozepur and his father has also been Village Nihalewala alias Kilcha District Ferozepur and his father has also been s. It is further submitted that neither residing with the family for the last 50 years. It is further submitted that neither s. It is further submitted that neither residing with the family for the last 50 year Bute Dian Chhana. Further, petitioner nor his family ever resided in village Bute Dian Chhana. Further, petitioner nor his family ever resided in village petitioner nor his family ever resided in village statement of Chowkidar made pursuant to the proclamation proceedings also statement of Chowkidar made pursuant to the proclamation proceedings also statement of Chowkidar made pursuant to the proclamation proceedings also statement of Chowkidar made pursuant to the proclamation proceedings also e of Mohan s/o reflects that in Village Bute Dian Channa, no person with the name of Mohan s/o reflects that in Village Bute Dian Channa, no person with the nam reflects that in Village Bute Dian Channa, no person with the nam and the said fact was also verified by Head Constable Joginder Ajit, is residing and the said fact was also verified by Head Constable Joginder and the said fact was also verified by Head Constable Joginder Ajit, is residing Singh in his statement recorded on 20.05.2003. It is further submitted that neither Singh in his statement recorded on 20.05.2003. It is further submitted that neither Singh in his statement recorded on 20.05.2003. It is further submitted that neither Singh in his statement recorded on 20.05.2003. It is further submitted that neither eriod the proclamation was publicly read in some conspicuous place nor 30 day’s period the proclamation was publicly read in some conspicuous place nor 30 day’s p the proclamation was publicly read in some conspicuous place nor 30 day’s p Consequently, he was declared was given to the petitioner to appear in the Court. Consequently, he was declared was given to the petitioner to appear in the Court. was given to the petitioner to appear in the Court. without complying with the proclaimed person vide order dated 01.09.2003 without complying with the proclaimed person vide order dated 01.09.2003 proclaimed person vide order dated 01.09.2003 . Further that vide order dated provisions of Section 82 Cr.P.C in letter and spirit. Further that vide order dated provisions of Section 82 Cr.P.C in letter and spirit provisions of Section 82 Cr.P.C in letter and spirit 29.05.2023, this Court haddirected no coercive action taken against the petitioner, 29.05.2023, this Court haddirected no coercive action taken against the petitioner, 29.05.2023, this Court haddirected no coercive action taken against the petitioner, 29.05.2023, this Court haddirected no coercive action taken against the petitioner, however, he is ready and willing to join the proceedings and prays that one last however, he is ready and willing to join the proceedings and prays that one last however, he is ready and willing to join the proceedings and prays that one last however, he is ready and willing to join the proceedings and prays that one last To buttress opportunity may be granted to him to surrender before the trial Court. To buttress opportunity may be granted to him to surrender before the t opportunity may be granted to him to surrender before the t
Decision
The petition is disposed of. The petition is disposed of. Before parting with this order, it is made abundantly clear that in case Before parting with this order, it is made abundantly clear that in case Before parting with this order, it is made abundantly clear that in case Before parting with this order, it is made abundantly clear that in case e present petition shall be deemed the petitioner does not adhere to the aforesaid, the present petition shall be deemed the petitioner does not adhere to the aforesaid, th the petitioner does not adhere to the aforesaid, th to have been dismissed without any reference to this Court. to have been dismissed without any reference to this Court. to have been dismissed without any reference to this Court. (AMAN CHAUDHARY) (AMAN CHAUDHARY) JUDGE 28.10.2025 himanshu Whether speaking/reasoned Whether speaking/reasoned Whether reportable Whether reportable : : Yes / No Yes / No HIMANSHU 2025.11.01 11:01 I attest to the accuracy and integrity of this document