Give Two Separate Dates For Publication Of Proclamation U/S 82 CrPC & For Appearance Of Accused 30 Days Thereafter: P&H High Court To Magistrates
In an attempt to prevent violation of Section 82 of the CrPC dealing with issuance of ‘proclamations,’ the Punjab and Haryana High Court has advised the Courts of Judicial Magistrates to give two separate dates in the proclamation; the first within 15-20 days to ensure publication of proclamation and the second after 30 days to ensure appearance of the accused. A single bench...
In an attempt to prevent violation of Section 82 of the CrPC dealing with issuance of ‘proclamations,’ the Punjab and Haryana High Court has advised the Courts of Judicial Magistrates to give two separate dates in the proclamation; the first within 15-20 days to ensure publication of proclamation and the second after 30 days to ensure appearance of the accused.
A single bench of Justice Gurbir Singh said that:
“Courts of Judicial Magistrates must take provisions of Section 82 CrPC in its true letter and spirit. It is advised that whenever a proclamation is issued, then two dates be given in the order i.e. first date should be within 15-20 days giving the direction to the serving official to complete the process of proclamation and to return the proclamation well in time and to appear in the Court for making statement about publication of proclamation. The second date should be fixed after 30 days thereof directing the accused to appear at a specific place and on the specified date and time, so that there is no violation of Section 82 CrPC.”
The Court was hearing a petition under Section 482 CrPC for quashing an order of the Sub-Divisional Judicial Magistrate (SDJM), Nabha, declaring the petitioner an ‘absconder’ as per Section 82 of the CrPC.
The order had also directed initiation of further proceedings under Section 174A (Non-appearance in response to a proclamation) of IPC.
Before the High Court, the petitioner submitted that the proclamation was issued on 22.05.2017 by which the petitioner was required to appear before the SDJM, Nabha on 13.06.2017.
Despite the proclamation having been marked to the concerned Police Post on 02.06.2017, compliance was made by the constable only on 12.06.2017, that is, a day before the ordered appearance.
The Court noted that the publication was effected only on 12.06.2017 for the appearance of the accused on the next day. Since a 30 days’ notice period was clearly not given to the accused, the Court held this to be a violation of his statutory rights guaranteed by Section 82.
Additionally it noted that the proclamation was not publically read. Thus, the Court set aside the impugned order along with general directions to all judicial magistrates to give two separate dates in proclamation orders, so as to ensure proper compliance to Section 82 of the CrPC.
Advocate Ravi Kamal Gupta appeared for the petitioner and Additional Advocate General G. S. Shergill appeared for the State.
Case Title: Jagjit Singh @ Jaggi v. State of Punjab
Citation: 2023 LiveLaw (PH) 2
Citation: 2023 LiveLaw (PH) 1
Coram: Justice Gurbir Singh