Harvinder Singh alias Binder vs State of Punjab

Sabina, J.—This petition is filed u/s 401 of the Code of Criminal Procedure (for short `Cr.P.C.) challenging order dated 20.01.2010 passed by the Chief Judicial Magistrate Sangrur whereby accused Harvinder Singh was declared a Proclaimed Offender.

The contents of the FIR reads as under:

"Statement of Harjinder Singh S/o Avtar Singh, Caste Jat R/o Dalomal Patti, Vill Badrukhan, aged 45 years, Mobile No. 98726-00206. Stated that I am resident of above mentioned address and I am an agriculturist. I have two children, elder girl''s name is Amanjot Kaur, who is married, and son Gagandeep @ Gaggi, who is bachelor, aged 22 years, was present at my house at about 4 O''clock today, then Harjinder Singh @ Binder S/o Avtar Singh, caste Jat, R/o Moura, came to our house, he told my son that he had important work at Sangrur and asked my son to accompany Criminal Revision No. 1232 of 2010 (O&M) him, then my son went to city with Harvinder Singh in his gipsy, when he did not return back for a long time, then, I alongwith Gobind Singh S/o Ranjit Singh R/o Dadrukha reached Barnala Chowk in Sangrur, on making inquiry I came to know that my son Gagandeep Singh alongwith Bahadur Singh and Harvinder Singh, Amrit Singh are standing in front of shops of Improvement Trust Sangrur at Sunam Road. When I and Gobind Singh reached the spot, at about 6.30 p.m., I saw that lights of markets were on, and Bahadur Singh, Amrit Singh and Harwinder Singh were fighting with my son-Gagandeep Singh. In the meantime, Harwinder Singh @ Binder S/o Avtar Singh, Jat, resident of Mohra raised lalkara, that this Badmash is having eyes on my wife, today he should not be spared. Upon which Amrit Singh caught hold of my son and Bahadur Singh S/o Lal Singh, Jat, resident of Mohra thrusted the kirch which he was holding in his hand in the left------of my son, upon which my son fell on the ground, then we raised alarm of `maar ditta maar ditta'' then the accused person ran from the spot alongwith kirch, when we were arranging for the conveyance, then Jagsher Khan @ Bhola Khan who is friend of my son came on the spot in the car, we put my son Gagandeep Singh in his car and took him to Sangrur Hospital for treatment. Where Bhola Khan admitted him and after some time doctor declared my son dead, I left Gobind Subg with the dead body of my son and while I and Jagsher Khan were going to the police station to give this information, then you met us. I have recorded the statement, heard it and found it to be correct. Action be Criminal Revision No. 1232 of 2010 (O&M) taken, sd/-Harjinder Singh

Learned Counsel for the Petitioner has submitted that the Petitioner has been declared a proclaimed offender without following the procedure laid down u/s 82 Code of Criminal Procedure In support of his arguments, learned counel has placed reliance on Balwant Singh v. The State 1960 PLR 189 wherein it was held that where the proclamation is not publicly read in any conspicuous place in the village in which the accused ordinarily resided, it could not be said to have been properly published. In the said case, the accused had absented on one date and his non-bailable warrants had been issued.

In the present case, the Petitioner has been declared a proclaimed offender on the basis of statement of official Head Constable Karamjit Singh. The statement of Head Constable Karamjit Singh (Annexure P3) reads as under:

Stated that in the above mentioned case, I had been given the Proclamation (Ishtehar) for giving information about Harvinder Singh @ Binder s/o Avtar Singh R/o Village Moura, which is Ex.P1. On 24.11.2009, I pasted the copy of this proclamation (Ishtehar) on the house of the accused after going to his village. I myself pasted one copy on the door and one copy was pasted outside the Court. My written report regarding this matter is Ex.P2.

His written report Exhibit P2 reads as under:

It is prayed that I, HC was ordered on 14.11.2009 to paste the Proclamation (Ishtehar) of accused Harvinder Singh @ Binder s/o Avtar Singh R/o Vill. Moura, P.S. Sadar Sunam. I, HC inquired Criminal Revision No. 1232 of 2010 (O&M) about the accused on the address given by the accused, accused was not present at his house, accused''s father Avtar Singh met in the house, who told that his son has left the house without telling them anything. One copy of the proclamation (Ishtehar) was pasted at the main gate of the accused, and second copy was pasted on the open public place of the village and third copy was pasted on the notice board outside the Hon''ble Court. Father of the accused was made aware about the order of this Hon''ble Court. After execution of the proclamation, report is presented

On the basis of the said statement, the following order was passed:

Proclamation received. Statement of serving official HC Karam Singh No. 2355 also recorded. As per the report, proclamation was effected on 24.11.2009. A period of more than 30 days have lapsed since the date of proclamation, but the accused has not come present. Hence, accused Harwinder Singh is declared as Proclaimed Offender. Let necessary intimation in this regard to given to the PO staff." Section 82(2) Code of Criminal Procedure reads as under:

The proclamation shall be published as follows:

(i)(a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;

(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village; (c) a copy thereof shall be affixed to some conspicuous part of the Court-house.

Criminal Revision No. 1232 of 2010 (O&M) (ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.

In the present case, it is apparent from the statement of the Serving Official that the father of the Petitioner was present at the house of the Petitioner. A perusal of the report submitted by Head Constable Karamjit Singh reveals that he inquired about the accused-Petitioner from his father Avtar Singh and was informed that the Petitioner had left the house without telling them anything. One copy of the proclamation was pasted at the main gate of the house of the Petitioner and second copy was pasted on an open public place of the village and third copy was pasted on the notice board outside the Court. Father of the Petitioner was made aware about the order of the Court. The said report was duly thumb marked by the father of the Petitioner. In these circumstances, the impugned order is liable to be upheld. The fact that the proclamation was not read in a conspicuous place of the village loses its significance as father of the Petitioner was informed about the order of the Court. Despite information to the father of the Petitioner, the Petitioner had failed to appear before the Court. The judgment relied upon by the learned Counsel for the Petitioner fails to advance the case of the Petitioner as it is based on different facts. No ground for interference is made out.