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2019 (12) TMI 1514 - PUNJAB AND HARYANA HIGH COURTProclamation for person absconding - petitioner was not afforded the requisite period of 30 days for causing his appearance after publication of proclamation notice - HELD THAT:- In the present case while publication was effected on 31.5.2018, the accused was required to appear on 1.6.2018. This Court in ASHOK KUMAR VERSUS STATE OF HARYANA AND ORS. [2013 (8) TMI 1146 - PUNJAB AND HARYANA HIGH COURT] while interpreting the provisions of Section 82(1) has held that a clear period of 30 days is required to be furnished to the accused and that even in case, the Court subsequently adjourned the matter, such adjournment beyond 30 days cannot be treated as compliance of provisions of Section 82(1) Cr.P.C. In view of the factual position, wherein a period of only 1 day was afforded for causing appearance after the proclamation was effected and in light of ratio of Ashok Kumar's case, the petition is accepted and the impugned order dated 4.7.2018 passed by learned Sub Divisional Judicial Magistrate, Kalka (Annexure P-2) is hereby set aside - Petition allowed.
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