SARABJIT SINGH ALIAS NABI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition filed under Sec. 482 of the Code of Criminal Procedure, 1973 praying for quashing of the impugned order dtd. 18/11/2002 (Annexure P-6), whereby the petitioner-Sarabjit Singh alias Nabi was declared proclaimed person in case FIR No.22 dtd. 9/7/2000 under Sec. 160 IPC, registered at Police Station Taraori, District Karnal, in contravention to the provisions of Sec. 82 Cr.P.C.

(2.) The facts as noticed in the paper book are that the above noted FIR came to be registered on the statement of Head Constable Dalip Singh, whereby he alleged that three young persons were quarrelling with each other on the main Nidana Road and thereby causing disturbance to public peace. Police investigation was set into motion and thereafter, challan was presented in the Court against all the accused, three in number.

(3.) It has come on record that after framing of the charge, accused Malkiat Singh died and vide order dtd. 30/1/2002, the proceedings against the said accused abated and his name was deleted from the list of accused persons. Deceased was the brother of the other co-accused. On account of the communication gap, as alleged, when petitioner was informed by his counsel that the proceedings had abated after the death of co-accused Malkiat Singh, he got the impression that proceedings have culminated against all, which was incorrect. Thereafter, petitioner did not receive any notice, warrants or was ever made aware of any publication or other proceedings that would have notified him about the pendency of the trial. The trial Court, vide order dtd. 15/7/2002 (Annexure P-4), ordered proclamation under Sec. 82, 83 Cr.P.C. to be issued against the petitioner for 18/11/2002. Thereafter, vide order dtd. 18/11/2002 (Annexure P-6), petitioner was declared a proclaimed person under Sec. 82 Cr.P.C. (mentioned as 'proclaimed offender' in the said order).