ANIL KUMAR Vs. STATE OF PUNJAB (P&H)

JUDGEMENT

(1.) Petitioner has prayed for a writ in the nature of certiorari for quashing of order passed by SDJM, Kharar vide which petitioner has been declared a proclaimed offender in a criminal case registered against him under sections 379/420/467/468 and 471, 120-B IPC at police station Sadar Kharar. It has been urged before the court that action of the authorities is in violation of section 82(4) Cr.P.C. He has placed reliance on judgment of this court reported as Satinder Singh v. The State of U.T. Chandigarh and anr. 2011(2) RCR (Criminal) 89.

(2.) It appears that petitioner is an accused in a case under sections 379/420/467/468 and 471, 120-B IPC. Despite the process issued by the court, petitioner failed to appear before the SDJM, Kharar. It appears that proceedings under section 82 Cr.P.C. were, thus, initiated. Instead of cooperating with the investigation/trial, petitioner has questioned their jurisdiction to proceed against him. I find plea of the petitioner untenable. In Satinder Singh's case (supra), petitioner was directed to surrender before the Magistrate who was directed to proceed as per law.

(3.) The plea that a person cannot be declared a proclaimed offender except in respect of offences mentioned in sub-section 4 of section 82 Cr.P.C. is without any substance. A careful reading of the provision shows that it does not specifically exclude operation of section 82 Cr.P.C. in respect of other offences. Section 82 reads as under:-