SARABJEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is an accused in case FIR No. 155 of 28/12/2009, registered at Police Station Dasuya, District Hoshiarpur, whereins, offences constituted under Ss. 323, 324, 506, 34 of the IPC, are embodied.

(2.) Though, after conclusion of investigations into the petition FIR, by the investigating officer concerned, he proceeded to file a report under Sec. 173 of the Cr.P.C., before the learned jurisdictionally empowered Magistrate, and, also subsequently trial against the accused concerned, hence opened, before the learned Magistrate concerned. Therefore, for ensuring the personal appearances of the accused before him, the learned Judicial Magistrate concerned, initially proceeded to recourse the non-coercive processes, upon the petitioner, for ensuring that he makes his personal appearances before him, but the above efforts remain unyielding. Consequently, the learned Magistrate concerned, became led to make an order, qua the petitioner being served through a proclamation notice.

(3.) The proclamation notice was sent for its execution, to the serving constable concerned, and, after the serving constable making his report, and, also his making a statement before the learned Magistrate concerned, in respect of his causing service of the proclamation notice, upon the petitioner, hence led the learned Judicial Magistrate concerned, to conclude that, since 30 days has elapsed, since service of the proclamation notice, being caused upon the petitioner, and, yet the petitioner not making his personal appearance, before him, that hence he has to be declared a proclaimed person, and, as such, through an order, carried in Annexure P-2, drawn on 16/1/2012, he declared the present petitioner, a proclaimed person. The afore order is challenged before this Court.