DALJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The questions arising in this appeal that assails the judgment and order dtd. 2/6/2023 passed by the High Court of Punjab & Haryana at Chandigarh in Case No.CRM-M-5784 of 2023 (O&M), whereby under Sec. 482 of Criminal Procedure Code, 1973(Hereinafter, "Cr.P.C.") the Court refused to quash Complaint Case No.151 of 2010 dated 8 th June, 2010; summoning order dtd. 17/8/2010; and order dtd. 28/11/2016 declaring the appellant a proclaimed offender passed by the Judicial Magistrate, 1st Class, Bhiwani; are that whether the proclaimed offender status, under the provisions of the Cr.P.C., of an accused can subsist if such accused stands acquitted during trial in connection to the very same offence; and whether the subsistence of the proclamation under Sec. 82 of Cr.P.C. is necessary for the authorities to proceed against an accused against whom such a proclamation stands issued, under Sec. 174A of the Indian Penal Code, 1860(Hereinafter, "IPC").

(2.) The facts which gave rise to the question as above, in brief, are:

(3.) The impugned order dismissed the Appellant's petition under Sec. 482, Cr.P.C., with reference to an earlier judgment of the Court wherein it had been held that if a person had been declared a proclaimed offender, such a petition by him would not be maintainable. It was observed that the validity of such a proclamation is also to be raised before the Court which issued the proclamation.