SATENDER MOR AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present petition under Section 482 of the Code of Criminal Procedure is for quashing of FIR No. 684 dated 21.10.2015 (Annexure P/1) under Section 174-A IPC registered at Police Station Bhiwani City, Bhiwani and all subsequent proceedings and order dated 05.04.2016 (Annexure P/3) whereby the petitioners were declared Proclaimed Offenders and order dated 15.4.2017 (Annexure P/5) passed by learned Additional Sessions Judge, Bhiwani whereby revision petitions filed by the petitioners were dismissed.

(2.) Facts relevant for the purpose of decision of the present petition; that initially a case under Section 420, 406, 467, 468, 471 and 120-B IPC was registered at Police Station Bhiwani vide FIR No. 476 dated 23.07.2012 and warrants of arrest issued against the accused persons remained unexecuted. As such, learned Chief Judicial Magistrate passed order dated 26.08.2015 for issuance of proclamation under Section 82 of Cr.P.C. and fixed next date for recording of statements on 07.09.2015. On the basis of said proclamation, ASI Ompal made statement on 7.9.2015 that proclamation was effected and the Court passed the order dated 7.9.2015 declaring the petitioners as Proclaimed Offenders and for that reason, FIR No. 684 dated 21.10.2015 (Annexure P/1) under Section 174-A IPC registered at Police Station Bhiwani City, Bhiwani against the petitioners.

(3.) Learned counsel for the petitioners contended that the order dated 7.9.2015, whereby the petitioners were declared Proclaimed Offenders is bad in the eyes of law and has not been issued as per requirement of Section 82 Cr.P.C. because the requirement of minimum 30 days notice has not been complied with. For ready reference, Section 82 (1) Cr.P.C. is being extracted hereunder:-