1. Present petition has been filed under Section 528 BNSS for quashing
of order dated 16.09.2010 vide which the petitioner has been wrongly and
erroneously declared as proclaimed offender without complying with the
provisions of Section 82 Cr.P.C (84 BNSS).
2. It has been contended by learned counsel for the petitioner that the
petitioner has gone abroad and complaint was registered in his absence, the learned
trial Court issued proclamation against the petitioner. Finally, the petitioner was
declared as proclaimed
proclaim offender vide order dated 16.09.2010.. He further submits
that the order declaring the petitioner as proclaimed offender is in violation of the
provisions of Section 82 of Cr.P.C. He has submitted that neither the proper
publication nor the petitioner was served through Indian Embassy Abroad. He has
thus submitted that the impugned order being unsustainable in the eyes of law,
deserves to be set aside. He has submitted that the petitioner be granted protection
for appearing before the trial Court.
