SATNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition, filed under Section 482, Cr.P.C., is for setting aside the order dated 5.11.2011 (Annexure P-3), passed by the learned Judicial Magistrate Ist class, Amritsar, in a case arising out of FIR No. 121, dated 26.7.2010, under Sections 406 and 498-A, IPC, registered at Police Station, Sultanwind, District Amritsar City, whereby the petitioner, Satnam Singh, was declared as a proclaimed offender.

(2.) At the outset, Mr. Sandeep Chhabra, Deputy Advocate General, Punjab, submits that there is no necessity to file reply in this case by the respondent State and he is ready with the arguments.

(3.) Mr. Veneet Sharma, submits that the petitioner had left India on 12.3.2010 and gone to United Arab Emirates (UAE) and had returned on 19.9.2012. He further contends that the FIR for the offences punishable under Sections 406 and 498-A, IPC, was registered at Police Station, Sultanwind, on 26.7.2010 (Annexure P-2). He also contends that the petitioner was not aware of the registration of the said FIR. He also contends that the petitioner was never served with the summons or bailable/non-bailable warrants, alleged to have been issued for securing his presence. He also contends that without following the procedure laid down in Section 82, Cr.P.C., the petitioner has been declared as a proclaimed offender.