MANGAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Case is taken up for hearing through video conferencing.

(2.) This petition is for quashing the impugned order dated 30.11.2018 (Annexure P-3) passed by the learned Judicial Magistrate 1st Class, Patti, declaring the petitioners proclaimed offenders in case bearing FIR No. 31 dated 03.05.2014 registered under Sections 307, 323, 324, 326, 379, 382, 148, 149, 201 IPC and Sections 25 and 27 of the Arms Act, at Police Station Harike, Tarn Taran.

(3.) Learned counsel for the petitioners submits that in the above noted FIR, the arrest warrants were issued against the petitioners from time to time but the same could not be served and without service of arrest warrants, the proclamation was ordered for 12.10.2018. He further submits that on 12.10.2018, the proclamation could not be served and vide the impugned order dated 30.11.2018, the petitioners were declared proclaimed offenders. Learned counsel further submits that the procedure envisaged under Section 82 Cr.P.C. has not been followed by the trial Court while passing the impugned order. He further submits that co-accused Harjeet Singh had also approached this Court by way of CRM-M-24760-2020 and vide order dated 28.8.2020 (Annexure P-4), he was granted interim bail by the Co-ordinate Bench of this Court which was made absolute vide order dated 16.11.2020 (Annexure P-5), passed by this Court. Learned counsel for the petitioners submits that the petitioners are ready to surrender before the trial Court.