TaxTMI 
TaxTMI 
2020 (10) TMI 1289
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....f Criminal Procedure, 1973 (for short 'the Cr.P.C.') for quashing of FIR No.840 dated 09.12.2019 registered under Section 174-A of the Indian Penal Code, 1860 (for short 'the IPC') in Police Station Civil Lines Karnal, District Karnal on the basis of impugned order dated 05.10.2019 passed by learned Chief Judicial Magistrate, Karnal in case FIR No.154 dated 21.02.2019 registered under Sections 120-B, 406 and 420 of the IPC in Police Station Karnal Civil Lines, District Karnal whereby the petitioners were declared proclaimed persons under Section 82 of the Cr.P.C.. Briefly stated the facts relevant for disposal of present petition are that FIR No.154 dated 21.02.2019 was registered under Sections 120-B, 406 and 420 of the IP....
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....efore, the impugned order and all subsequent proceedings including the present FIR arising out of the same may be quashed. On the other hand, learned State Counsel has submitted that the petitioners absconded and were declared proclaimed persons vide order dated 05.10.2019 after expiry of the period of 30 days from publication of the proclamation on 04.09.2019. The impugned order does not suffer from any illegality and the petition may be dismissed. On consideration of the submissions made by learned Counsel for the petitioners and learned State Counsel and on perusal of the relevant record, I am of the considered view that the impugned order dated 05.10.2019 suffers from material illegality and is liable to be quashed with all subsequent....
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....be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day. (4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code (45 of 1860), and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect. (5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under sub-section ....
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....e at the specified place. Such date must not be less than 30 clear days from the date of issuance and publication of the proclamation. (See Gurappa Gugal and others Vs. State of Mysore : 1969 CriLJ 826 and Shokat Ali Vs. State of Haryna : 2020(2) RCR (Criminal) 339). (v) Where the period between issuance and publication of the proclamation and the specified date of hearing is less than thirty days, the accused cannot be declared a proclaimed person/offender and the proclamation has to be issued and published again. (See Dilbagh Singh Vs. State of Punjab (P&H) : 2015 (8) R.C.R. (criminal) 166 and Ashok Kumar Vs. State of Haryana and another : 2013 (4) RCR (Criminal) 550) (vi) The Proclamation has to be published in the manner laid down....
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.... recorded by the Court as to the date and mode of publication of the proclamation. (See Birad Dan Vs. State : 1958 CriLJ 965). (viii) The Court issuing the proclamation has to make a statement in writing in its order that the proclamation was duly published on a specified day in a manner specified in Section 82(2)(i) of the Cr.P.C.. Such statement in writing by the Court is declared to be conclusive evidence that the requirements of Section 82 have been complied with and that the proclamation was published on such day. (See Birad Dan Vs. State : 1958 CriLJ 965). (xi) The conditions specified in Section 82(2) of the Cr.P.C. for the publication of a Proclamation against an absconder are mandatory. Any non-compliance therewith cannot be ....
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....the proclamation at common place and one copy of the same at notice board of the Court and did not publicly read out the same in some conspicuous place of the town/village where the petitioners ordinarily resided before absconding. Therefore, proclamation was not published as per mandatory requirements of Section 82(2)(a) of the Cr.P.C. Reliance in this regard may be placed on Emperor Vs. Subbarayar : (1895) 19 Mad 3 and Pawan Kumar Gupta Vs. The State of W.B. : 1973 CriLJ 1368. Furthermore, in the present case vide order dated 02.08.2019 proclamation was ordered to be published against the petitioners under Section 82 of the Cr.P.C. requiring the petitioners to appear before the Court on 04.09.2019. The proclamation was published by SI Dh....