Punjab & Haryana High Court Quashes 24-Year-Old Proclaimed Offender Order, Notes Accused Was Unaware Of Proceedings
The Punjab & Haryana High Court has set aside a 24-year-old order declaring a man a proclaimed offender, observing that his absence from trial proceedings was not intentional but stemmed from lack of awareness.Justice Rajesh Bhardwaj noted that the petitioner remained absent despite orders as he was unaware about the ongoing proceedings because of the reason that he was residing in...
The Punjab & Haryana High Court has set aside a 24-year-old order declaring a man a proclaimed offender, observing that his absence from trial proceedings was not intentional but stemmed from lack of awareness.
Justice Rajesh Bhardwaj noted that the petitioner remained absent despite orders as he was unaware about the ongoing proceedings because of the reason that he was residing in Gujarat. But now the petitioner is keen and ready to join the proceedings and face the trial.
The Court was hearing a petition filed by one Khilu Ram seeking quashing of an order dated April 4, 2002 passed by the Sub Divisional Judicial Magistrate, whereby he was declared a proclaimed offender in an FIR registered in 1997 under Sections 279 and 304-A IPC at Police Station Mohali.
Counsel for the petitioner submitted that he had been released on bail in 1999 and subsequently believed the matter had been resolved after a compromise between the parties. It was further argued that he had shifted to Gujarat for livelihood and remained unaware of any pending proceedings. The petitioner contended that the proclamation order was passed without compliance with Section 82 Cr.P.C., and that he was neither served through ordinary nor substituted means.
Opposing the plea, the State argued that the petitioner had remained absent despite court directions and was rightly declared a proclaimed offender.
After hearing both sides, the Court observed that the petitioner's absence appeared to be on account of his lack of knowledge about the ongoing proceedings while residing outside the State. Taking note of his willingness to join trial, the Court deemed it appropriate to set aside the impugned order.
The Court, however, made the relief conditional upon payment of ₹25,000 as costs to be deposited with the Punjab and Haryana High Court Dispensary Welfare Fund within one week.
It further directed that if the petitioner appears before the trial court within 10 days and files a bail application along with proof of deposit of costs, he shall be admitted to bail subject to the satisfaction of the court. The petitioner has also been granted protection from arrest for a period of 10 days.
The Court clarified that failure to comply with these conditions would result in revival of the 2002 order declaring him a proclaimed offender, and the protection granted would cease to operate.
Mr. Narsingh Chauhan, Advocate for the petitioner.
Title: Khilu Ram @ Khelo Ram v. State of Punjab