ROHIT SONI @ ROCKY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 528 BNSS, 2023, for quashing the order dtd. 31/8/2024, Annexure P-4 (wrongly mentioned as Annexure P-3), passed by learned Judicial Magistrate 1st Class, vide which the petitioner has been declared proclaimed person in FIR No.344 dtd. 31/12/2021, under Sec. 406 IPC, registered at Police Station Civil Lines, District Amritsar, Punjab.

(2.) Learned counsel submits that the petitioner was granted anticipatory bail, vide order dtd. 2/5/2022, Annexure P-2, thereafter challan was presented before the competent Court on 31/7/2023 and after that he shifted his residence address vide rent deed agreement dtd. 20/9/2022, Annexure P-5 and Aadhar card, Annexure P-6. Notice of proclamation was sent on the previous address and the procedure enshrined under Sec. 82 and 83 of Cr.P.C. for declaring him as proclaimed person was not conferred in letter and spirit. He is ready and willing to join the proceedings on or before the next date of hearing and prays for grant of one opportunity for him to surrender before the trial Court, even if the same is subject to costs.

(3.) Learned State counsel submits that the proclamation proceedings have been rightly issued against the petitioner, as he had absented from the proceedings.