The Punjab & Haryana High Court has quashed a Special Court order declaring the accused a proclaimed offender under Section 82 CrPC, citing procedural lapses.
In the case, the Trial Court had issued a proclamation on 07.09.2022 directing the petitioner to appear on 29.10.2022. On that date, instead of declaring him a proclaimed offender, the court adjourned the matter to 24.11.2022. However, no fresh proclamation or valid notice was issued for the new date. On 24.11.2022, the petitioner was declared a proclaimed offender, and proceedings under Section 174-A IPC were initiated.
Justice N.S. Shekhawat, relying on earlier rulings in Ashok Kumar v. State of Haryana, 2013(4) RCR (Criminal) 550 and Avtar Singh v. State of Punjab, CRM-M-1866 2017, reiterated that a proclamation must specify a date at least 30 days from publication, and any declaration as a proclaimed offender must strictly adhere to Section 82(1) CrPC. Since no proclamation covered the 24.11.2022 appearance, the earlier one having lapsed, the order was held unsustainable.
Accordingly, the Court set aside the 24.11.2022 PO order and all consequential proceedings arising therefrom, insofar as they related to the petitioner.
Appearances:
Mr. Suvir Sidhu, Advocate for the petitioner.
Mr. I.P.S. Sabharwal, DAG, Punjab.
