JAGJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Sec. 482 Cr.P.C. for quashing the order dtd. 9/2/2018 (Annexure P-8), whereby the petitioner has been ordered to be declared absconder and all subsequent proceedings initiated under Sec. 174-A IPC.

(2.) Learned counsel for the petitioner states that vide order dtd. 9/2/2018 passed by learned Sub Divisional Judicial Magistrate (SDJM), Nabha (Annexure P-8), the petitioner was declared absconder. It was further ordered therein that intimation be sent to the concerned SHO so as to enable him to initiate proceedings under Sec. 174-A IPC.

(3.) Learned counsel for the petitioner further submits that the proclamation was issued on 22/5/2017 and the petitioner was required to appear before the SDJM, Nabha on 13/6/2017. The proclamation was marked to the concerned Police Post on 2/6/2017 (Annexure P-7), whereby direction was given to the petitioner to appear before the Court on 13/6/2017. Statement of serving Constable was recorded on 5/9/2017 that he made compliance on 12/6/2017. It was stated that one copy of notice was pasted on the wall of house of accused and the other copy of notice was pasted on a conspicuous place on the turning of street of the mohalla, whereas, in fact, no such order was pasted on the wall of the house or conspicuous place. The petitioner applied for anticipatory bail. He was granted interim bail. He is regularly appearing before the Court. Challan was presented on 8/5/2018 (Annexure P-11).