MANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been filed by the petitioner under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for quashing of order dtd. 18/7/2023 (Annexure P-10), passed by the Court of learned Judicial Magistrate First Class, Jalandhar in case arising out of FIR No. 94 dtd. 9/8/2018, registered under Ss. 406 and 420 of IPC and Sec. 13 of the Travel Professional Act at Police Station Lambra, District Jalandhar (Rural), whereby the petitioner had been declared a proclaimed person.

(2.) The present petition has been filed by the petitioner on the grounds and it has been argued by his counsel that the petitioner has been falsely implicated in the aforementioned case. Since the petitioner had gone to Canada, he was not aware about pendency of the case against him. He was never served with any notice/warrants issued by the learned trial Court at his ordinary place of residence. The petitioner had been declared a proclaimed person without following the proper procedure prescribed under Sec. 82 of Cr.P.C. Even otherwise, a compromise has been arrived at between the parties. He is ready to join the proceedings. Hence, it is urged that the impugned order is liable to be set aside.

(3.) Per contra, learned Deputy Advocate General, Punjab has resisted the petition by submitting that there is no infirmity in the impugned order and the petitioner has rightly been declared a proclaimed person as he was running away from the process of Court. It is, thus, urged that the petition is liable to be dismissed.