Punjab-Haryana High Court
Meharban Singh Saggu vs State Of Punjab And Others on 4 March, 2025
Neutral Citation No:=2025:PHHC:030671
281
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-10513-2025
Date of decision: 04.03.2025
Meharban Singh Saggu ....Petitioner
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. G.S.Verma, Advocate
for the petitioner.
Mr. Nitesh Sharma, DAG, Punjab.
HARPREET SINGH BRAR, J. (ORAL)
1. The present petition has been filed under Section 482 Cr.P.C.
seeking quashing of impugned order dated 18.07.2024 (Annexure P-5) passed
by the learned Judicial Magistrate 1st Class, Ludhiana, whereby, the petitioner
has been declared as proclaimed offender in case bearing FIR No.13 dated
16.02.2024 under Sections 307/323/341/506/148/149 of IPC (Sections 325/326
of IPC added later on) registered at Police Station Division No.2, District
Ludhiana (Annexure P-1) as well as subsequent proceedings arising therefrom
on the basis of compromise dated 13.05.2024 (Annexure P-2).
2. On 25.02.2025, the following order was passed:-
‘Prayer in the present petition filed under Section 482 Cr.P.C.
is for quashing of impugned order dated 18.07.2024 (Annexure P-5)
passed by learned Judicial Magistrate Ist Class, Ludhiana whereby the
petitioner has been declared as proclaimed offender in case stemming
from FIR No.13 dated 16.02.2024 under Sections
307/323/341/506/148/149 of IPC (later on added 325/326 of IPC)
registered at Police Station Division No.2, District Ludhiana (Annexure1 of 4
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P-1) as well as subsequent proceedings arising therefrom on the basis of
compromise dated 13.05.2024 (Annexure P-2) between the parties.
Learned counsel for the petitioner inter alia contends that
prima facie, no offence under Section 307 IPC is made out and a
compromise has been effected between the parties. Further, the petitioner
has already approached this Court seeking quashing of the FIR (supra) on
the basis of compromise by filing a petition bearing CRM-M No.28621 of
2024 titled as ‘Meharban Singh Saggu and others vs. State of Punjab
and others’, whereby this Court vide order dated 04.02.2025 (Annexure
P-3) has recorded the contentions of the learned counsel for the
petitioners that no offence under Section 307 IPC is made out and
directed the parties to appear before the learned trial Court to record
their statements in terms of compromise dated 13.05.2024 (Annexure P-2).
He submits that thereafter, the petitioner came to know that he has been
declared as proclaimed offender in the FIR (supra) vide order dated
18.07.2024. He further submits that proclamation was issued against the
petitioner without following the drill of Section 82 Cr.P.C. and non-
compliance of the mandatory provisions vitiates the entire proceedings,
which suffers from incurable illegality as he was never served and the
impugned order is liable to be set aside. To support his contentions, he
relies upon the judgment passed by this Court in Major Singh @ Major
Vs. State of Punjab 2023 (3) RCR (Criminal) 406; 2023 (2) Law Herald
1506.
Notice of motion returnable for 04.03.2025, to be heard along
with CRM-M No.28621 of 2024.
In the meantime, operation of impugned order dated
18.07.2024 (Annexure P-5) qua the petitioner shall remain stayed and no
coercive action shall be taken against him.’
It is also submitted that the petitioner undertakes to appear before
the trial Court on each and every date.
3. I have heard learned counsel for the parties and perused the record
of the case with their able assistance and with the consent of parties, the matter
is taken up for final disposal.
4. While the scheme of criminal justice system necessitates
curtailment of personal liberty to some extent, it is of the utmost importance
that the same is done in line with the procedure established by law to maintain a
healthy balance between personal liberty of the individual-accused and interests
of the society in promoting law and order. Such procedure must be compatible
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with Article 21 of the Constitution of India i.e. it must be fair, just and not
suffer from the vice of arbitrariness or unreasonableness.
5. A perusal of the impugned order reveals that the trial Court issued
proclamation without recording reasons of its belief that the petitioner has
absconded or is concealing himself. This Court in the judgment passed in
Major Singh @ Major Vs. State of Punjab 2023 (3) RCR (Criminal) 406;
2023 (2) Law Herald 1506 has held that the Court is first required to record its
satisfaction before issuance of process under Section 82 of Cr.P.C. and non-
recording of the satisfaction itself makes such order suffering from incurable
illegality. In the judgment passed by this Court in Sonu Vs. State of Haryana
2021 (1) RCR (Crl.) 319, it has been held that the conditions specified in
Section 82 (2) Cr.P.C. for the publication of a proclamation against an
absconder are mandatory. Any non-compliance therewith cannot be cured as an
‘irregularity’ and renders the proclamation and proceedings subsequent thereto
a nullity.
6. The sole purpose of issuance of non-bailable warrants or issuance
of proclamation is to secure presence of the accused before the trial Court. The
petitioner in the present case has himself come forward and has undertaken to
appear before the trial Court on each and every date.
7. However, a connected petition bearing CRM-M No.28621-2025
titled as ‘Meharban Singh Saggu and others Versus State of Punjab and others’
seeking quashing of FIR (supra) listed before this Court today itself, is
dismissed as withdrawn with liberty to approach this Court again after
challenging the order vide which the petitioners have been declared as
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proclaimed offenders.
8. In view of the aforesaid facts and circumstances, the present
petition is allowed and the impugned order dated 18.07.2024 (Annexure P-5)
vide which the petitioner was declared as proclaimed offender is hereby set
aside.
9. The petitioner is directed to appear before the trial Court within a
period of two weeks from today and on his doing so, he shall be admitted to
bail on his furnishing bail bonds and surety bonds to the satisfaction of the trial
Court, along with costs of Rs.10,000/- to be deposited with the Poor Patient
Welfare Fund, PGIMER, Chandigarh, for wasting precious time of the Court.
10. The receipt of payment of costs imposed must be presented before
the learned trial Court. The learned Court below is directed to grant bail to the
petitioner only upon verification of the payment of said costs.
11. However, in case, the petitioner fails to surrender before the
learned trial Court within the stipulated time period, the interim protection
granted by this Court, shall be deemed to be vacated.
(HARPREET SINGH BRAR)
JUDGE
04.03.2025
Neha
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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