SATNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is the first petition filed under Sec. 528 Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking quashing of impugned order dtd. 1/8/2022 passed by learned Sub Divisional Judicial Magistrate, Zira (Annexure P-1), whereby the petitioner was declared as proclaimed offender in case stemming from FIR No.8 dtd. 17/2/2020 registered under Ss. 379-B, 411, 201, 409, 120-B IPC at Police Station City Zira.

(2.) Learned counsel for the petitioner submits that petitioner was granted regular bail by this Court on 13/7/2020. Thereafter, on account of Covid-19 pandemic, the case stood adjourned from 30/9/2020 to 11/11/2020. Thereafter, due to unavoidable circumstances, he could not appear before the trial Court. Due to which, the trial Court vide order dtd. 1/8/2022, declared the petitioner as proclaimed offender.

(3.) Learned counsel for the petitioner inter alia contends that proclamation was issued against the petitioner without following the drill of Sec. 82 Cr.P.C. and non-compliance of the mandatory provisions vitiates the entire proceedings, which suffers from incurable illegality as he was never served and the impugned order is liable to be set aside.