9911796707
TMI Blog2019 (12) TMI 1514X X X X Extracts X X X X X X X X Extracts X X X X ..... -2018 The petitioner has approached this Court seeking quashing of FIR No. 199 dated 23.7.2018 registered at Police Station Pinjore City, District Panchkula under Section 174A of Indian Penal Code on the ground that the matter has since been compromised amongst the parties as well as for setting aside of order dated 4.7.2018 passed by learned Sub Divisional Judicial Magistrate, Kalka (Annexure P-2) vide which the petitioner was declared a proclaimed offender. 2. A few facts necessary to notice for disposal of this petition are that respondent No. 2 had instituted a complaint under Sections 323, 406, 420, 452, 498A, 506 and 120B of Indian Penal Code, wherein the petitioner was summoned to face trial as an accused. However, on account of no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to the accused to cause appearance after publication is effected. Section 82 Cr.P.C. reads as follows: "82. Proclamation for person absconding. 1. If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation. 2. 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 af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that publication on 6.3.2013 which period was less than 30 days. Therefore, it cannot be held that by passing the impugned order on 13.3.2013, the publication has been effected as per the provisions of Section 82 Cr.P.C. There was no order in the publication for the accused giving specified time and place to appear on 13.3.2013. Therefore, this order is not as per law and the same is set aside." 7. In view of the aforestated 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 (supra), the petition is accepted and the impugned order dated 4.7.2018 passed by learned Sub Divisional Judicial Magistrate, Kalka (Annexure P-2) is h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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