Court Finds Non-compliance with Section 82 of Cr.P.C.; Petitioner to Join Trial
In a significant ruling, the Punjab and Haryana High Court has set aside the order declaring Khilu Ram, also known as Khelo Ram, as a proclaimed offender. The order, originally issued by the Sub Divisional Judicial Magistrate in Kharar, was quashed on the grounds of non-compliance with procedural requirements under Section 82 of the Criminal Procedure Code (Cr.P.C.).
The petitioner, Khilu Ram, had been declared a proclaimed offender in connection with a case filed under Sections 279 and 304A of the Indian Penal Code, linked to an FIR registered in 1997 at the Mohali Police Station. Advocate Narsingh Chauhan, representing Khilu Ram, argued that his client was unaware of the proceedings due to a lack of legal awareness and was not intentionally avoiding court appearances. The petitioner had relocated to Gujarat for employment and believed the matter had been settled.
The court, presided over by Justice Rajesh Bhardwaj, noted that the petitioner had not been duly served with notice of the proceedings, neither through ordinary nor substituted service. The court acknowledged the petitioner's willingness to join the trial and comply with bail conditions. Consequently, the court set aside the proclaimed offender order, subject to Khilu Ram paying Rs. 25,000 as costs to the Punjab and Haryana High Court Dispensary Welfare Fund within a week.
The court further instructed Khilu Ram to appear before the trial court within ten days, accompanied by the receipt of the deposited costs, to seek bail. The court assured protection from arrest for ten days, contingent on compliance with these directives. Failure to adhere to these directions would result in the reinstatement of the original order.
The decision underscores the importance of strict adherence to procedural norms in declaring individuals as proclaimed offenders, especially when they express readiness to participate in legal proceedings.
Bottom line:-
Declaration of a person as a proclaimed offender without proper compliance of procedures under Section 82 Cr.P.C. is not sustainable, especially when the person was unaware of the proceedings and is now willing to join the trial.
Statutory provision(s): Section 82 Cr.P.C., Sections 279 and 304A of the IPC
Khilu Ram @ Khelo Ram v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2901928
