GURVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed challenging the order dated 8.12.2017 (Annexure P3) passed by the learned Additional Chief Judicial Magistrate, Sri Muktsar Sahib, whereby the petitioner has been declared a proclaimed person.

(2.) Learned counsel for the petitioner has vehemently argued that right from the beginning even at the stage of FIR, the petitioner was not aware of the proceedings of the investigation or before the Court as the name of the petitioner never figured in the FIR and non-bailable warrants have been issued against the petitioner. Learned counsel for the petitioner has pointed out to para 9 of the petition whereby it has been specifically pleaded that no intimation regarding issuance of non-bailable warrants against the petitioner was ever given to the Numberdar/Chowkidar/Sarpanch of the village. He has further stated that the petition has been supported by duly sworn affidavit and that the petitioner is ready and willing to surrender before the learned trial Court and would abide by all the conditions which may be imposed upon him by the learned trial Court. Learned counsel for the petitioner submits that the petitioner undertakes to appear before the trial Court on or before 22.1.2020.

(3.) Per contra, the learned State counsel has argued that the petitioner has already been declared proclaimed person and therefore, no concession should be given to him as he was at liberty to surrender before the Court, the moment he came to know with regard to the proceedings.