Satwinder Singh vs Barjinder Kaur

Subhas Mehla, J

The present petition has been filed under Section 528 of BNSS/ 482 of Cr.P.C. seeking quashing of order dated 28.10.2025 (Annexure P-5) passed by learned Judicial Magistrate Ist Class, Amritsar whereby, the petitioner has been declared as proclaimed person in complaint No. NACT/9468/2024 dated 07.12.2024 (Annexure P-1) and all subsequent proceedings arising therefrom.

Learned counsel for the petitioner contended that no summons, bailable warrants, non-bailable warrants or proclamation notice were ever served upon the petitioner at any stage summons. Subsequently, vide impugned order dated 28.10.2025, due to alleged non-appearance of the petitioner, the petitioner was declared as a proclaimed person without complying with the mandatory provisions of Sections 82 and 83 of Cr.P.C./ Sections 84 & 85 of BNSS, 2023. Learned counsel confined his prayer to the limited extent that the petitioner is ready to surrender himself before the learned trial Court and prays that the petitioner be not arrested by the police.

Heard.

This Court deems it appropriate to decide the petition, without issuing notice to the respondent.

Keeping in view the facts and circumstances of the case and the contentions of learned counsel for the petitioner that the petitioner is ready to join the proceedings, he is directed to surrender himself before the learned trial Court within 03 weeks i.e. up to 15.01.2026 and to move an appropriate application by raising all the pleas taken in this petition, before the trial Court regarding his non-appearance. The trial Court is directed to decide his bail application in accordance with law. Till then, he will not be arrested by the police in this matter. It is made clear that if he fails to appear before the trial Court within stipulated time then the relief granted by this Court shall be deemed to be withdrawn.

Petition is accordingly disposed of.