Give 2 dates in PO process: Punjab and Haryana High Court
Saurabh Malik
Chandigarh, December 22
In a judgment liable to change the way accused are declared proclaimed absconders, the Punjab and Haryana High Court has made it clear to the courts of judicial magistrates across Punjab, Haryana and Chandigarh that two dates are required to be mentioned whenever a proclamation is issued.
“It is directed that the courts of judicial magistrates are required to take the provisions of Section 82 of the CrPC in its true letter and spirit. It is advised that whenever a proclamation is issued, two dates be given in the order,” Justice Gurbir Singh asserted.
Elaborating, Justice Gurbir Singh asserted the first date should be within 15 to 20 days, giving direction to the serving official to complete the process and to return the proclamation well in time before appearing in the Court for making a statement about its publication.The second date should be fixed 30 days thereof, directing the accused to appear at a specific place and on a specified date and time to prevent the violation of Section 82 dealing with issuance of a proclamation for a person absconding.
Justice Gurbir Singh was hearing a petition filed against the State of Punjab for quashing an order dated February 9, 2018, whereby the petitioner was ordered to be declared an absconder. Directions were also sought for quashing all subsequent proceedings initiated under Section 174-A of the IPC regarding non-appearance in response to a proclamation.
The Bench, during the course of hearing, was told that the petitioner vide the impugned order was declared absconder by Nabha Sub Divisional Judicial Magistrate (SDJM).
Intimation was directed to be sent to the SHO concerned for enabling him to initiate proceedings under Section 174-A. The counsel submitted that the proclamation was issued on May 22, 2017, requiring the petitioner appear before the SDJM on June 13, 2017.
The proclamation was marked to the police post concerned on June 2, 2017.
He added the serving constable’s statement was recorded on September 5, 2017, stating that the notice was pasted on the wall of the house belonging to the accused. Another copy was pasted on a conspicuous place. But nothing of this sort was done.
Justice Gurbir Singh asserted a court was required to publish a written proclamation requiring the person concerned to appear at a specific place and time not less than thirty days from the date of its publishing.
But the proclamation was neither publicly read at some conspicuous place, nor was 30 days’ period given to the petitioner to appear. The order declaring him an absconder was therefore against Section 82.
“Since the order is against the statutory provisions, the same is hereby set aside,” Justice Gurbir Singh added.
