2013 (8) TMI 1146 - HC - Indian Laws

High Court quashes proclamation order due to non-compliance with Cr.P.C.

Ashok Kumar Versus State of Haryana and Ors.

Ashok Kumar Versus State of Haryana and Ors. - TMI Issues involved: Petition under Section 482 Cr.P.C. for quashing of order declaring petitioner as proclaimed offender in contravention of Section 82 Cr.P.C.Summary:The petitioner filed a petition under Section 482 Cr.P.C. seeking to quash the order declaring him as a proclaimed offender in a case registered for various offenses. The lower court had issued a proclamation against the petitioner, but it was found that the mandatory period of 30 days for appearance was not provided as per Section 82(1) Cr.P.C. The Court adjourned the case after the publication, but this did not fulfill the requirements of the law. The High Court set aside the impugned order, finding it not in compliance with the provisions of Section 82 Cr.P.C.The Court observed that the proclamation issued against the petitioner did not comply with the requirements of Section 82(1) Cr.P.C. as the specified time for appearance was less than 30 days from the date of publication. The Court noted that the mere adjournment of the case after the publication did not fulfill the legal mandate for giving the accused the necessary time to appear.In light of the provisions of Section 82(1) Cr.P.C., the High Court held that the publication requiring the accused to appear in Court was not in accordance with the law. The Court emphasized that the order declaring the petitioner as a proclaimed offender was not valid as it did not provide the specified time and place for the accused to appear. Consequently, the High Court allowed the petition, setting aside the impugned order and directing the return of the lower court record.