Sukhchain Kaur vs Pala Ram on 5 March, 2026

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    Punjab-Haryana High Court

    Sukhchain Kaur vs Pala Ram on 5 March, 2026

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    IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
    
                                  CRM-
                                  CRM-M-64140-
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    Sukhchain Kaur
                                                                         ....Petitioner
                                                                          .Petitioner
                                           versus
    Pala Ram
                                                                       ....Respondent
    
    Date of reserve:                             February 24,
                                                          24, 2026
    Date of Pronouncement/ Decision:             March 05, 2026
    Date of Uploading:                           March 05, 2026
    
    CORAM:       HON'BLE MR. JUSTICE SUMEET GOEL
    
    Present:-
    Present:     Mr. Janak Singh Bhinder,, Advocate for the petitioner.
    
                 Mr. Parveen Kumar Garg, Advocate for the respondent.
    
                                           *****
    SUMEET GOEL,
           GOEL, J.
    

    Present petition has been filed under Section 528 of the Bharatiya

    Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’)
    ‘BNSS’), seeking setting aside of the

    SPONSORED

    impugned order dated 30.09.2025 (Annexure P
    P-11) passed by the learned

    Judicial Magistrate Ist Class, Sunam, District Sangrur
    Sangrur, whereby, the petitioner

    has been declared as proclaimed person, in case NACT No.102 of 2024 titled as

    “Pala Ram versus Sukhchain Kaur”.

    Kaur”

    2. Learned counsel
    ounsel for the petitioner has contended that the

    impugned order, whereby the petitioner has been declared a proclaimed person,,

    is wholly illegal, arbitrary, and unsustainable in the eyes of law. Learned

    counsel has argued that notice, bailable and non
    non-bailable
    able warrants were issued

    against the petitioner on different occasions,, but the petitioner could not appear

    before the Court below, since the counsel the petitioner had engaged to

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    represent on her behalf, had informed the petitioner that her personal

    appearance would not be required in such cases unless specifically directed by

    the Court. Learned counsel has further argued that on 19.07.2025, proclamation

    proceedings were initiated against the petitioner due to her non-appearance

    before the trial Court, but the same was neither intentional nor deliberate.

    Learned counsel has iterated that on 25.08.2025, statement of serving official

    was recorded, and matter was adjourned to 30.09.2025 for awaiting presence of

    the petitioner, and vide impugned order dated 30.09.2025, learned Court below

    had wrongly declared the petitioner as proclaimed person.

    2.1. Learned counsel has further argued that husband of the petitioner

    had suffered a paralytic attack in the year 2024 and was undergoing treatment

    in a hospital at Fatehgarh Sahib, hence, she started residing with her husband at

    Fatehgarh Sahib, and it is only on 10.11.2025, when she visited her house at

    Patiala, therefore, she came to know through her neighbours that some Court

    documents have been affixed on the wall of her house. The petitioner

    immediately contacted her counsel, in this regard, and came to know regarding

    the whole process and the petitioner having been declared as proclaimed

    person, vide order dated 30.09.2025, by the Court below.

    2.2. Learned counsel for the petitioner has contended that pursuant to

    the order dated 22.01.2026 passed by this Court, the petitioner caused

    appearance before the Court below on 13.02.2026, whereupon, the petitioner

    was ordered to be released on bail on personal bonds. Learned counsel has

    further submitted that the petitioner has also deposited the costs of Rs.10,000/-

    being the condition precedent to grant interim bail to the petitioner by the Court

    below.

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    2.3. Learned counsel has argued that, thus, the order declaring the

    petitioner a proclaimed person is in gross violation of law and principles of

    natural justice as there was no deliberate evasion or non-appearance on the part

    of the petitioner. On the basis of these submissions, learned counsel has prayed

    that the impugned order is liable to be set-aside being illegal and unjustified

    and hence liable to be set-aside.

    3. On the other hand, learned counsel for the respondent has opposed

    the present petition. While refuting the case set up by the petitioner, detailed

    arguments were advanced on merits, contending that the allegations levelled

    against the petitioner are serious in nature. Furthermore, it has been submitted

    that the petitioner has not willfully caused appearance before the Court below

    despite issuance of notice, bailable/ non-bailable warrants, and thereafter,

    issuance of proclamation against her. Learned counsel has argued that

    declaration of the petitioner as proclaimed person, vide impugned order, is in

    accordance with the law and after following due procedure under Section 82 of

    the Cr. P.C. Learned counsel has argued that the learned Court below has

    followed the procedure as laid-down under Section 82 of the Cr. P.C., 1973 in

    letter and spirit and no discrepancy whatsoever is forthcoming from the records

    of the case. Accordingly, dismissal of the instant petition has been prayed for.

    4. I have heard the learned counsel for the rival parties and carefully

    perused the record of the case.

    5. The law is well settled that no person can be declared a

    proclaimed offender/person unless the procedure prescribed under Section 82

    of the Code of Criminal Procedure, 1973 is strictly and meticulously adhered

    to. It is trite that the provisions of Section 82 Cr.P.C. are mandatory in nature,

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    and any non-compliance thereof vitiates the entire proceedings. Furthermore,

    Section 82(1) of the Cr. P.C. clearly provides that before issuing a proclamation

    requiring a person to appear, the Court must have reason to believe that such

    person has absconded or is concealing so that the warrant cannot be executed.

    In the present case, perusal of the zimni orders dated 04.09.2024, 28.10.2024,

    14.01.2025, 06.03.2025, 14.05.2025 and 19.07.2025, appended with the

    petition in hand, reveals that bailable/ non-bailable warrants issued against the

    petitioner remained unexecuted. Thereafter, vide order dated 19.07.2025,

    proclamation was issued against the petitioner requiring her to appear before

    the Court below on 25.08.2025. Perusal of the impugned order reveals that no

    satisfaction was recorded regarding execution of proclamation against the

    petitioner in accordance with the provisions of Section 82 of the Cr. P.C.

    5.1. Furthermore, learned counsel for the petitioner has specifically

    pleaded by that owing to health conditions of her husband, the petitioner moved

    to Fatehgarh Sahib to reside with him and to take care of him. It is only in

    November 2025, when the petitioner visited Patiala, she, through her

    neighbours and upon her query to counsel before the Court below, came to

    know about Court proceedings. Learned counsel has pleaded that non-

    appearance of the petitioner before the Court below was neither intentional nor

    deliberate.

    5.2. It is worthwhile to mention here that, pursuant to the order dated

    22.01.2026 passed by this Court in the present petition, the petitioner duly

    appeared before the Court below on 13.02.2026 and has since joined the

    proceedings. The said Court has directed the petitioner to be released on bail,

    subject to furnishing personal bonds. Further, the petitioner has also deposited

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    costs of Rs. 10,000/- as imposed by the Court below as a condition precedent

    for the grant of interim bail, thereby demonstrating her bona fides and

    willingness to submit to the jurisdiction of the Court.

    6. This Court finds that the course adopted by the Court below is in

    clear contravention of, and antithetical to, the provisions of Section 82 of the

    Code of Criminal Procedure, 1973. The Court below has committed a manifest

    illegality by issuing and acting upon the proclamation without ensuring strict

    compliance with the mandatory statutory requirements. The learned Court

    below, while declaring the petitioner as a proclaimed person, failed to record

    the requisite judicial satisfaction regarding due execution and publication of the

    proclamation in accordance with law and appears to have proceeded in a

    mechanical and perfunctory manner, thereby rendering the impugned order

    legally unsustainable. Moreover, the material on record indicates that the

    petitioner’s non-appearance was not deliberate but was occasioned by

    compelling and unavoidable circumstances, namely the serious ill health of her

    husband, which necessitated her relocation to take care for him. The Court

    below failed to consider this bona fide explanation and the absence of any

    intention on the part of the petitioner to evade the process of law, thereby

    vitiating the declaration of the petitioner as a proclaimed person. Such an order

    being violative of mandatory provisions of law, cannot be sustained. Section 82

    of the Criminal Procedure Code, 1973 reads as under:

    “82. Proclamation for person absconding. – (1) If any Court has reason to
    believe (whether after taking evidence or not) that any person against
    whom a warrant has been issued by it has absconded or is concealing
    himself so that such warrant cannot be executed, such Court may publish a
    written proclamation requiring him to appear at a specified place and at a
    specified time not less than thirty days from the date of publishing such
    proclamation.

    (2) The proclamation shall be published as follows: –

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    (i)(a) it shall be publicly read in some conspicuous place of the town or
    village in which such person ordinarily resides;

    (b) it shall be affixed to some conspicuous part of the house or homestead
    in which such person ordinarily resides or to some conspicuous place of
    such town or village;

    (c) a copy thereof shall be affixed to some conspicuous part of the court-
    house;

    (ii) the Court may also, if it thinks fit, direct a copy of the proclamation to
    be published in a daily newspaper circulating in the place in which such
    person ordinarily resides.

    (3) A statement in writing by the Court issuing the proclamation to the
    effect that the proclamation was duly published on a specified day, in the
    manner specified in clause (i) of sub-section (2), shall be conclusive
    evidence that the requirements of this Section have been complied with,
    and that the proclamation was published on such day.
    [(4) Where a proclamation published under sub-section (1) is in respect of
    a person accused of an offence punishable under Sections 302, 304, 364,
    367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459,
    or 460 of the Indian Penal Code (45 of 1860), and such person fails to
    appear at the specified place and time required by the proclamation, the
    Court may, after making such inquiry as it thinks fit, pronounce him a
    proclaimed offender and make a declaration to that effect.
    (5) The provisions of sub-sections (2) and (3) shall apply to a declaration
    made by the Court under sub-section (4) as they apply to the proclamation
    published under sub-section (1).]”

    7. A Coordinate Bench of this Court while dealing with invocation

    of the provision of Section 82 of the Code of Criminal Procedure, against an

    accused in the case of ‘Sonu v. State of Haryana, 2021(1) RCR (Criminal)

    319′, held as under:

    319′

    “9. The essential requirements of section 82 of the Cr.P.C., 1973 for
    issuance and publication of proclamation against an absconder and
    declaring him as proclaimed person/offender may be summarized as
    under:-

    (i) Prior issuance of warrant of arrest by the Court is sine qua non for
    issuance and publication of the proclamation and the Court has to first
    issue warrant of arrest against the person concerned. (See Rohit Kumar v.
    State of Delhi
    : 2008 Crl. J. 2561).

    (ii) There must be a report before the Court that the person against whom
    warrant was issued had absconded or had been concealing himself so that
    the warrant of arrest could not be executed against him. However, the
    Court is not bound to take evidence in this regard before issuing a
    Proclamation under section 82(1) of the Cr.P.C., 1973. (See Rohit Kumar
    v. State of Delhi
    : 2008 Crl. J. 2561).

    (iii) The Court cannot issue the Proclamation as a matter of course
    because the Police is asking for it. The Court must be prima facie satisfied
    that the person has absconded or is concealing himself so that the warrant
    of arrest, previously issued, cannot be executed, despite reasonable
    diligence. (See BishundayalMahton and others v. Emperor : AIR 1943
    Patna 366 and Devender Singh Negi v. State of U.P. : 1994 Crl LJ
    (Allahabad HC) 1783).

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    (iv) The requisite date and place for appearance must be specified in the
    proclamation requiring such person to appear on such date at the specified
    place. Such date must not be less than 30 clear days from the date of
    issuance and publication of the proclamation. (See Gurappa Gugal and
    others v. State of Mysore
    : 1969 CriLJ 826 and Shokat Ali v. State of
    Haryna : 2020(2) RCR (CRIMINAL) 339).

    (v) Where the period between issuance and publication of the
    proclamation and the specified date of hearing is less than thirty days, the
    accused cannot be declared a proclaimed person/offender and the
    proclamation has to be issued and published again. (See Dilbagh Singh v.
    State of Punjab (P&H
    ) : 2015 (8) RCR (CRIMINAL) 166 and Ashok
    Kumar v. State of Haryana and another : 2013 (4) RCR (CRIMINAL) 550)

    (vi) The Proclamation has to be published in the manner laid down in
    section 82(2) of the Cr.P.C., 1973. For publication the proclamation has to
    be first publicly read in some conspicuous place of the town or village in
    which the accused ordinarily resides; then the same has to be affixed to
    some conspicuous part of the house or homestead in which the accused
    ordinarily resides or to some conspicuous place of such town or village
    and thereafter a copy of the proclamation has to be affixed to some
    conspicuous part of the Court-house. The three sub-clauses (a)- (c) in
    section 82 (2)(i) of the Cr.P.C., 1973 are conjunctive and not disjunctive,
    which means that there would be no valid publication of the proclamation
    unless all the three modes of publication are proved. (See Pawan Kumar
    Gupta v. The State of W.B.
    : 1973 CriLJ 1368). Where the Court so orders
    a copy of the proclamation has to be additionally published in a daily
    newspaper circulating in the place in which the accused ordinarily resides.
    Advisably, proclamation has to be issued with four copies so that one each
    of the three copies of the proclamation may be affixed to some conspicuous
    part of the house or homestead in which the accused ordinarily resides, to
    some conspicuous place of such town or village and to some conspicuous
    part of the Courthouse and report regarding publication may be made on
    the fourth copy of the proclamation. Additional copy will be required
    where the proclamation is also required to be published in the newspaper.

    (vii) Statement of the serving officer has to be recorded by the Court as to
    the date and mode of publication of the proclamation. (See Birad Dan v.
    State
    : 1958 CriLJ 965).

    (viii) The Court issuing the proclamation has to make a statement in
    writing in its order that the proclamation was duly published on a specified
    day in a manner specified in section 82(2)(i) of the Cr.P.C., 1973. Such
    statement in writing by the Court is declared to be conclusive evidence that
    the requirements of Section 82 have been complied with and that the
    proclamation was published on such day. (See Birad Dan v. State: 1958
    CriLJ 965).

    (xi) The conditions specified in section 82(2) of the Cr.P.C., 1973 for the
    publication of a Proclamation against an absconder are mandatory. Any
    non-compliance therewith cannot be cured as an ‘irregularity’ and renders
    the Proclamation and proceedings subsequent thereto a nullity. (See
    Devendra Singh Negi alias Debu v. State of U.P. and another: 1994 CriLJ
    1783 and Pal Singh v. The State
    : 1955 CriLJ 318).”

    8. It is by now a settled principle of law that prior to issuing a

    proclamation under Section 82 Cr. P.C., the Court is required to record its

    satisfaction that the accused, against whom such proclamation is sought, is

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    absconding or is concealing with the intention to evade arrest. This

    foundational and jurisdictional requirement is conspicuously absent in the

    present case. A perusal of the impugned order dated 30.09.2025 reveals that no

    such satisfaction has been recorded by the Court below, nor does the record

    disclose any material which could justify an inference that the petitioner had

    absconded or was deliberately avoiding appearance before the Court.

    Furthermore, the effecting of proclamation was not done as per provisions of

    Section 82 of the Cr. P.C., resulting in serious prejudice to the petitioner.

    9. The provisions of Section 82 of the Code of Criminal Procedure,

    having serious civil and criminal ramifications qua the rights of an accused,

    particularly affecting his liberty and participation in trial proceedings, cannot be

    invoked in a casual or cavalier manner. The mandatory requirement of

    recording satisfaction that the accused has absconded or is concealing himself

    so that the warrant of arrest cannot be executed, as embodied under Section 82

    Cr.P.C., must be scrupulously complied with on the basis of cogent and relevant

    material available on record. Any non-adherence to this statutory mandate

    while declaring an accused as a proclaimed offender/person vitiates the

    proclamation proceedings in their entirety.

    10. In the aforesaid backdrop, this Court is of the considered opinion

    that no useful purpose would be served by permitting the criminal proceedings

    to continue against the petitioner, which are founded upon an illegal and

    procedurally flawed proclamation. It is, therefore, a fit and appropriate case for

    the exercise of inherent powers under Section 528 of the BNSS / Section 482 of

    the Cr.P.C., so as to prevent abuse of the process of law and to secure the ends

    of justice.

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    11. In view of the above findings, and considering the entirety of the

    facts and circumstances of the present case, the present petition is allowed.

    Consequently, the impugned order dated 30.09.2025 (Annexure P-11) passed

    by the learned Judicial Magistrate Ist Class, Sunam, District Sangrur, whereby,

    the petitioner has been declared as proclaimed person, in case NACT No.102 of

    2024 titled as “Pala Ram versus Sukhchain Kaur”, as well as all consequential

    proceedings arising therefrom, are hereby quashed.

    12. Pending application(s), if any, shall also stand disposed of

    accordingly.

    (SUMEET GOEL)
    GOEL)
    JUDGE
    March 05, 2026
    mahavir

    Whether speaking/reasoned: Yes/No

    Whether reportable: Yes/No

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