Petitioner challenged his declaration as a proclaimed offender by a lower court. Relying on Section 82(4) CrPC, the High Court held that declaration was illegal as charged offences were not enumerated in the subsection. Petition allowed.
The order declaring the petitioner as a proclaimed offender was set aside and the petition was disposed of.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc.-M No.18469 of 2011(O&M) Date of Decision : 23.08.2011
Sukhwinder Singh
... Petitioner
versus
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. S.S.Behl, Advocate for the petitioner.
Mr. K.S.Pannu, DAG, Punjab.
Rajesh Bindal, J
Challenge in the present petition is to the order dated 05.02.2011 (Anneuxre P-4) passed by learned court below whereby the petitioner was declared Proclaimed Offender. The contention of the learned counsel for the petitioner is that the petitioner is an accused in FIR No.122 dated 14.06.2010 registered under Section 420, 467, 468, 471 IPC and Section 25, 54, 59 of Arms Act, 1959 at Police Station Ludhiana City. Offence under Section 120-B was added subsequently.
Referring to Section 82(4) of the Code of Criminal Procedure (in short the 'Cr.PC') his submission is that for the offence under which the present FIR was registered, the petitioner cannot be declared proclaimed offender as the aforesaid sections do not find mention in Section 82(4) Cr.PC.
In view of the provisions of the Code of Criminal Procedure, this fact could not be disputed by the learned counsel for the State as the sections under which FIR has been registered do not find mention in Section 82(4) Cr.PC which enables the court to declare
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Crl. Misc.-M No.18469 of 2011(O&M)
any accused to be a proclaimed offender.
After hearing learned counsel for the parties and finding that the petitioner was not an accused under any of the sections mentioned in Section 82(4) Cr.PC. for non-appearance of which he could be declared proclaimed offender, the declaration of the petitioner as a proclaimed offender in the present case is totally contrary to the provisions of Cr.PC. The order passed by learned court below is set aside.
The present petition stands disposed of.
August 23, 2011 sonia
(Rajesh Bindal) Judge
1 issue framed by the court
Whether an accused can be declared a proclaimed offender under Section 82(4) CrPC when the offences charged are not listed in the subsection.
1 provisions across 1 enactments
Sukhwinder Singh
State of Punjab
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
