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TMI Blog2019 (12) TMI 1514X X X X Extracts X X X X X X X X Extracts X X X X ..... not be treated as compliance of provisions of Section 82(1) Cr.P.C. In view of the factual position, wherein a period of only 1 day was afforded for causing appearance after the proclamation was effected and in light of ratio of Ashok Kumar's case, the petition is accepted and the impugned order dated 4.7.2018 passed by learned Sub Divisional Judicial Magistrate, Kalka (Annexure P-2) is hereby set aside - Petition allowed. - CRM-M No. 64796 of 2018 (O&M) - - - Dated:- 18-12-2019 - Gurvinder Singh Gill, J. For the Appellant : Kamal Chaudhary, Advocate. For the Respondents: Brijesh Sharma, AAG. JUDGMENT Gurvinder Singh Gill, J. CRM-39952-2019 1. In view of the reasons mentioned in the application, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prescribed under Section 82 Cr.P.C. in letter and spirit and that the petitioner was not afforded the requisite period of 30 days for causing his appearance after publication of proclamation notice. 4. I have heard the learned counsel for the petitioner. ' 5. A perusal of proclamation notice dated 18.4.2018 (Annexure P-8) shows that the Trial Court, while issuing proclamation notice, directed the accused to cause appearance on 1.6.2018. A perusal of report of serving official (Annexure P-9) and the statement of serving official namely Constable Madan Lal (Annexure P-10) reveals that it was just on 31.5.2018 that proclamation was effected. In other words, it was just one day before the nominated date for appearance that the procla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 6. In the present case while publication was effected on 31.5.2018, the accused was required to appear on 1.6.2018. This Court in Ashok Kumar v, State of Haryana 2013(4) R.C.R. (Criminal) 550 while interpreting the provisions of Section 82(1) has held that a clear period of 30 days is required to be furnished to the accused and that even in case, the Court subsequently adjourned the matter, such adjournment beyond 30 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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