Court dismisses Harmeet Singh Pathanmajra’s plea against arrest warrants and proclamation as a proclaimed person, citing evasion and non-cooperation with the investigation.
In a significant ruling, the Punjab and Haryana High Court has reaffirmed the authority of Magistrates to issue non-bailable warrants during the investigation stage, particularly when the accused is found to be evading the investigative process. The decision came in the case of Harmeet Singh Pathanmajra v. State of Punjab, where the court dismissed the petitioner's plea seeking the quashing of arrest warrants and his declaration as a proclaimed person.
Presided over by Justice Tribhuvan Dahiya, the court ruled on January 28, 2026, that the issuance of non-bailable warrants (NBWs) against Harmeet Singh was justified. Singh had been charged with serious offenses under Sections 376, 420, and 506 of the Indian Penal Code (IPC) following a complaint by his wife alleging rape and other offenses. Despite an earlier inquiry by the Deputy Inspector General of Police, which found no cognizable offense, the FIR was registered, leading to Singh's arrest and subsequent escape from police custody in Karnal.
The court noted that Singh had evaded arrest after attacking the police and had absconded to another state, prompting the issuance of arrest warrants by the Magistrate. The warrants remained unexecuted, leading to a proclamation declaring Singh a proclaimed person under Section 84 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), following the due process of law.
Justice Dahiya highlighted that the authority to issue NBWs is not confined to the trial stage but extends to the investigation phase to ensure the presence of the accused, especially in cases involving serious offenses. The court emphasized that Singh's conduct, including fleeing custody and non-cooperation with the investigation, warranted such measures.
The court dismissed Singh's argument that the police had sufficient power to arrest him without warrants, stating that the issuance of arrest warrants during the investigation was necessary given his evasion and the nature of the offenses. The judgment referenced several precedents, including the Supreme Court's ruling in State through CBI v. Dawood Ibrahim Kaskar, underscoring the Magistrate's power to issue warrants to aid the investigative process.
The court also addressed the procedural compliance in declaring Singh a proclaimed person, noting that the mandatory 30-day period had expired after the proclamation was duly published and served. Singh's failure to appear before the court during this period further justified the declaration.
In conclusion, the High Court's decision underscores the judiciary's role in upholding procedural law and ensuring that accused individuals cannot thwart the investigative process through evasion. The ruling serves as a reminder of the robust legal mechanisms in place to address non-cooperation by accused persons in criminal investigations.
Bottom Line:
Issuance of Non-Bailable Warrants (NBWs) during the investigation stage is justified when the accused evades the investigative process, absconds, or fails to cooperate with the investigation.
Statutory provision(s):
Section 376 IPC, Section 420 IPC, Section 506 IPC, Section 84 BNSS, Section 85 BNSS, Section 73 CrPC
Harmeet Singh Pathanmajra v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2853080
