Navraj Singh vs State of Punjab

Daya Chaudhary, J.

Crl. Misc. No. 5172 of 2011

Application is allowed as prayed for.

Cr. Misc. No. M-2831 of 2011

The present petition u/s 482 Code of Criminal Procedure has been filed on behalf of Navraj Singh for quashing of order dated 2.3.2009 (Annexure P-1) passed by Judicial Magistrate Ist Class, Nawanshahr, vide which, he has been declared proclaimed offender.

Learned Counsel for the Petitioner contends that the Petitioner was appearing regularly before the trial Court but because of sudden death of his father, he went under depression and could not appear before the trial Court and ultimately P.O. order was passed against him. Learned Counsel further contends that the Petitioner remained absent because of the circumstances beyond his control and in support of his contention, counsel has also placed on record the prescription slips given by the Doctor. It is also the contention of learned Counsel that no mandatory procedure has been followed by the trial Court before declaring the Petitioner as proclaimed offender and moreover, now the Petitioner has recovered and is ready to appear before the Court and attend the Court proceedings regularly.

Heard the arguments advanced by counsel for the Petitioner and have also gone through the impugned P.O. order as well as other documents available on record.

In view of the contentions raised by learned Counsel for the Petitioner and the fact that after the death of father of the Petitioner, he went under depression and was taking treatment from the hospital, no efforts were made to effect any service and there is nothing on record to show that the Petitioner absented himself willfully and avoided the service of the summons in any manner. Moreover, by simply mentioning that period of 30 days of appearance has elapsed and accused failed to come present is not sufficient to declare him Proclaimed offender and, therefore, order dated 2.3.2009 declaring the Petitioner P.O. is set aside. The Petitioner is directed to surrender before the trial Court within a period of two weeks from the date of receipt of copy of the order and in case he surrenders before the trial Court, he shall be released on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of trial Court. The Petitioner is also directed to pay Rs. 10,000/-as costs to be deposited with State Legal Services Authority, Punjab.

The petition stands disposed of accordingly.