DILBAGH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) INSTANT petition under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 25.09.2014 (Annexure P -4) passed by learned Sub Divisional Judicial Magistrate, Ajnala, whereby petitioner has been declared as proclaimed offender in a case arising from FIR No. 50 dated 26.03.2014 registered under Sections 365/366/494/506/376/120B IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Ajnala, Amritsar Rural, District Amritsar.

(2.) BRIEF facts for the disposal of present case are to the effect that in a case arising from the aforesaid FIR, on 16.08.2014 learned SDJM, Ajnala, issued arrest warrants against the petitioner for 20.08.2014. On 20.08.2014 proclamation of the petitioner was issued for 23.08.2014 on the report that he was intentionally avoiding service and case was adjourned to 25.09.2014. Vide impugned order dated 25.09.2014 petitioner has been declared proclaimed offender. Hence, this petition.

(3.) LEARNED counsel for the petitioner contended that proclamation against the petitioner was ordered to be issued for 23.08.2014 vide order dated 20.08.2014 and subsequently vide order dated 25.09.2014, he was declared proclaimed offender. Learned counsel further contends that the petitioner has been wrongly declared as proclaimed offender without following the procedure as laid down under Section 82 of the Code of Criminal Procedure.