HARVINDER SINGH ALIAS BINDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition is filed under Section 401 of the Code of Criminal Procedure (for short 'Cr.P.C.) challenging order dated 20.01.2010 passed by the Chief Judicial Magistrate Sangrur whereby accused Harvinder Singh was declared a Proclaimed Offender.

(2.) The contents of the FIR reads as under:

(3.) Learned Counsel for the Petitioner has submitted that the Petitioner has been declared a proclaimed offender without following the procedure laid down under Section 82 Code of Criminal Procedure In support of his arguments, learned counel has placed reliance on Balwant Singh v. The State,1960 PLR 189 wherein it was held that where the proclamation is not publicly read in any conspicuous place in the village in which the accused ordinarily resided, it could not be said to have been properly published. In the said case, the accused had absented on one date and his non-bailable warrants had been issued.