SURJIT SINGH DHALIWAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) <FRM>JUDGEMENT_141_LAWS(P&H)5_2022_1.html</FRM> 1. Challenging the order of proclamation on being declared a proclaimed offender, the petitioner has come up before this court under sec. 482 of Code of Criminal Procedure, 1973 (CrPC).

(2.) The accused could not be served through the ordinary process, including summons, bailable warrants, and even non-bailable warrants. The concerned court finally proceeded against the petitioner under sec. 82 of CrPC and declared the petitioner a proclaimed offender vide order dtd. 28/8/2015, passed by Ld. SDJM, Baghapurana, Punjab.

(3.) Ld. counsel for the petitioner seeks quashing on the merits. However, in my considered opinion, the explanation made in paragraph 9 is not at all satisfactory and needs further clarification. However, the submissions made in paragraphs 10 to 12 need consideration and furthermore the criminal justice system must not hamper and suffer because of the petitioner. Thus, this court is inclined to grant the following relief, reserving liberty to raise the remaining prayers, including quashing of FIR registered on proclamation and also for the quashing of FIR registered on the complaint, either on merits or on compromise, if such need so arises.