TMI Blog2022 (2) TMI 195X X X X Extracts X X X X X X X X Extracts X X X X ..... in the report, as became relied, upon by the executive officer, and, as became depended upon by the learned Magistrate concerned, to make the impugned order, disclosure are to occur, that each of the ingredients carried in all the afore provisions, borne in sub-Section (i) of sub-Section (2) of Section 82 of the Cr.P.C., became meted absolute, and, completest compliance, without any of them remaining uncomplied with. Since the mandate of sub-Clause (a) of sub-sub- Section (i) of sub-Section (2) of the Section 82 of the Cr.P.C., was also to be complied alongwith compliance being meted by the executing officer with Clause (b), and, Clause (c) of sub-sub-Section (i) of sub-Section (2) of Section 82, of the Cr.P.C., whereas, a reading of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ituting therein an offence under Section 174-A of the IPC, as well as subsequent proceedings arising therefrom, are quashed - petition allowed. - CRM-M No. 1522 of 2022 (O&M) - - - Dated:- 1-2-2022 - HON'BLE MR. JUSTICE SURESHWAR THAKUR Mr. Dhruv Gupta, Advocate for the petitioner Mr. Pradeep Prakash Chahar, Deputy Advocate General, Haryana ORDER SURESHWAR THAKUR, J. (ORAL) 1. The petitioner, by filing the present petition under Section 482 of the Cr.P.C., is seeking the quashing of the order of 08.07.2021, wherethough, the petitioner was declared a proclaimed offender, by the learned Judicial Magistrate First Class, Ambala, as also is seeking the annulment of consequent thereto FIR No. 503 of 30.11.2021 (A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cial concerned, had made a statement, that he had gone to the address of the accused, hence on 09.02.2021. However, the accused was not found at the given address, hence, he affixed one copy of the proclamation warrant outside the house of the accused, affixed the second copy at a conspicuous place, affixed the third copy at the notice board in the Court premises, and, furnished the fourth copy in the Court. The learned Magistrate concerned, after considering the afore made report, of the police official concerned, made an objective conclusion, that since the period of 30 days has elapsed, since the making of, and, service, or of publication of proclamation, thereupon, he proceeded to make an order, declaring the petitioner, as, a proclaime ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome 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; (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. 6. A circumspect and deepest reading, of the afore extracted relevant portion of sub-Section (2), discloses that the notice of proclamation, is required to be given effect to, or is required to be peremptorily ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, made a disclosure that he had, on finding, that the accused was not found at the given address, at the relevant time, hence affixed, one copy of the proclamation on the given address of the accused, and, has also made a disclosure therein, that one copy of the proclamation became appended, at the conspicuous place, and, besides one copy became appended at the Judicial Court complex. However, a reading of the afore report, does not disclose, that he had also, as enjoined by the provisions (supra), read it publicly in some conspicuous place of the town or village, in which the accused ordinarily resides. Since the mandate of sub-Clause (a) of sub-sub- Section (i) of sub-Section (2) of the Section 82 of the Cr.P.C., was also to be complied ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he proclamation notice, in the daily newspaper, hence circulating in the area in which the accused ordinarily reside(s). The learned Magistrate, however, did not after the afore deficit report of the executing officer, being made, recourse the mandate of sub-Section (ii) of sub-Section (2) of Section 82 of Cr.P.C. Consequently, the deficit report of the executive officer could not validly bedrock any further conclusion, that the petitioners ever nursed any penally inculpable, mens rea, for an offence under Section 174-A of the IPC. 10. In view of the above, the petition is allowed, and, the impugned order of 08.07.2021, declaring the petitioner, as a proclaimed offender, as also, FIR No. 503 of 30.11.2021, registered at Police Station Am ..... X X X X Extracts X X X X X X X X Extracts X X X X
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