Without s.4 of S.82 CrPc Accused cannt be declared proclaimed offender

CWP No.13842 of 2010

Satinder Singh Vs. The State of U.T., Chandigarh and another

Present: Mr.Vivek Singla, Advocate for the petitioner.
Mr.Sanjay Kaushal, Senior Standing Counsel with
Ms.Smriti Dhir, Advocate for U.T., Chandigarh.

Permod Kohli, J. (Oral)

Petitioner is an accused in FIR No.177, dated 15.8.2002, under Sections 279 and 337 IPC, registered at Police Station Sector 19, Chandigarh. Admittedly, the petitioner did not appear before the trial Court for considerable period and the trial Court was constrained to issue notice under Section 82 of the Code of Criminal Procedure. It appears that on the basis of the report of constable serving the notice, petitioner has been declared proclaimed offender by passing order dated 1.5.2008.

The petitioner has challenged the notice as well as the order passed by the Chief Judicial Magistrate, 1st Class, Chandigarh in this petition.

The only contention raised by learned counsel for the petitioner is that the Magistrate could not have declared the petitioner as proclaimed offender as he is not accused of any of offences specified under sub section 4 of Section 82 Cr.P.C. and as such he could be declared proclaimed offender. So far as the order declaring the petitioner otherwise as proclaimed offender is concerned, the same is in contravention to sub section 4 Section 82 Cr.P.C and thus liable to be quashed.

I order, accordingly.

In so far as the proclamation to declare the petitioner as a proclaimed person is concerned, the petitioner may surrender before the Magistrate and the Magistrate will proceed in accordance with law. Petition disposed of in view of the above directions.

( Permod Kohli )

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