DHANI RAM CHAUDHARY Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482 Code of Criminal Procedure filed by the petitioner, seeking quashment of the proclamation issued on 29.4.2000 by the Additional Sessions Judge (Special Judge), Sonepat.

(2.) IN the petition it was alleged that FIR No. 17 dated 25.9.1998 under Section 13(1)(e) of the Prevention of Corruption Act, 1988 was registered at P.S. State Vigilance Bureau (Haryana), Rohtak (Unit Sonepat) against the petitioner. It was alleged that the said FIR was under challenge by way of CWP No. 2461 of 2000 filed by the petitioner in this Court and the next date of hearing was on 2.6.2000. It was alleged that in the said writ petition, State of Haryana had filed its written statement. It was further alleged that in the said case pending before the Special Judge, Sonepat, the respondents by giving false statement or otherwise managed to get proclamation dated 29.4.2000, copy Annexure P-2, issued against the petitioner. It was alleged that the said proclamation dated 29.4.2000 was illegal, as the same did not conform to the mandatory provisions of Section 82 of Criminal Procedure Code. It was alleged that before the proclamation was ordered to be issued against the petitioner under Section 82 of Criminal Procedure Code, the police have never come to the house of the petitioner with warrants of arrest. It was further alleged that the said proclamation had not been properly published. It was accordingly prayed that the proclamation dated 29.4.2000, copy Annexure P-2 be quashed.

(3.) I have heard the counsel for the parties and have gone through the record carefully.