HUKAMJEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer made in the present petition filed under Sec. 528 BNSS for quashing the order dtd. 1/12/2025, Annexure P-3 passed by learned trial Court, whereby the petitioner has been declared as proclaimed offender in FIR No.94 dtd. 13/8/2020, registered under Sec. 409 IPC and Sec. 13 of Prevention of Corruption Act, at Police Station Bariwala, District Sri Muktsar Sahib.

(2.) Learned counsel submits that the petitioner was granted anticipatory bail in the FIR, whereafter, he continued to appear before the trial Court but for 11/9/2025, as he being illiterate person had gone abroad and not having the knowledge of seeking permission, wherefrom he shall now be returning on 28/12/2025, for which tickets have been appended as Annexure P-7. On that date, non-bailable warrants were issued against him for 26/9/2025 and the same have been received back with the report of his mother that he has gone abroad. Thereafter, the trial Court without procuring his foreign address, had initiated proclamation proceedings despite the fact that he was not in India, however, he was however declared proclaimed person vide order dtd. 1/12/2025, without following the procedure under Ss. 41, 105 and 82 Cr.P.C. A further reference is made to a Notification issued by the Government of India Ministry of Home Affairs, IS Division-II:Legal Cell New Delhi, dated the 11/2/2009, laying down comprehensive guidelines in this regard of reciprocal arrangements to be made by Central Government with the Foreign Governments with regard to the service of summons/warrants/judicial processes. Thus the proclamation proceedings being in violation thereof are liable to be set aside, however, he is ready and willing to surrender before the trial Court for which he seeks only one opportunity, which may even be subject to imposition of costs or any other conditions, which this Court may deem appropriate.

(3.) Notice of motion.