MUNNAWAR HASAN Vs. STATE OF NCT

JUDGEMENT

(1.) In FIR No.168/2008 State v. Israr etc., petitioner-accused was declared as proclaimed offender on 17th September, 2008 and upon being apprehended on 24th February, 2009, he was charge-sheeted for the offence under Section 174A of IPC. Impugned order of 19th September, 2012 directing framing of charge under Section 174A of IPC and an additional charge framed on 25th September, 2012 for the aforesaid offence are assailed in this petition.

(2.) Learned counsel for petitioner had contended that proceedings under Section 82 of Cr.P.C. stood vitiated as proclamation was issued on 10th July, 2008 for appearance of petitioner by 31st July, 2008 whereby giving 21 days' time whereas mandatory period is of 30 days'. Petitioner's counsel had asserted that the mandate of Section 82 of Cr.P.C. stood vitiated as the proclamation was not read aloud in the locality. According to petitioner's counsel, no charge under Section 174A of IPC can be framed against petitioner due to violation of mandatory provision of Section 82 of Cr.P.C. and so, impugned order and the charge framed in pursuance to it deserve to be set aside. In support of above submission reliance was placed by petitioner's counsel upon decisions in Rohit Kumar alias Raju v. State of NCT Delhi & Anr., 2008 CrLJ 3561; Maneesh Goomer v. State,2012 1 JCC(Del) 465 & Sunil Kumar v. State and another, 2002 CrLJ 1284.

(3.) Learned Additional Public Prosecutor for Respondent-State supported the impugned order and had submitted that failure to read out the proclamation in the locality does not amount to violation of mandatory provision of Section 82 of Cr.P.C. and is a mere irregularity which stands cured as the proclamation was pasted outside the house of petitioner-accused and the period of 21 days' given to petitioner-accused to appear instead of 30 days' is a bona-fide technical error from which petitioner-accused cannot derive any undue benefit as it is not the case of petitioner that he had appeared before the court within 30 days' of the proclamation. To point out that Section 82 (1) of Cr.P.C. is not mandatory but is directory, reference was made to a decision in K. Rama Krisha v. State of A.P., 2011 1 Crimes(AP) 551.