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TMI Blog2021 (12) TMI 65X X X X Extracts X X X X X X X X Extracts X X X X ..... petition would also show that the petitioners were never served. The proclamation dated 09.03.2018 (Annexure P-5) would show that the date fixed in the same was 30.04.2018 whereas, as per the statement of Makhan Singh, PHG dated 30.04.2018 (Annexure P-6), affixation had been done on 23.04.2018 and thus, clear period of 30 days has not been given to the petitioners for appearance. It is, thus, apparent that the proceedings declaring the petitioners as proclaimed persons are bad on the said account alone and thus, the registration of the FIR under Section 174-A of the IPC is illegal. It is further clear that the petitioners had joined the proceedings in the complaint case under Section 138 of the Act of 1881 and had been granted the benefi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ), would show that the proclamation proceedings were not in the name of the petitioners and only in the name of M/s. Dureja Rice Mills and further date given in the same was 30.04.2018. Reference to the statement of Makhan Singh, PHG dated 30.04.2018 (Annexure P-6) would show that in fact, the proclamation was affixed at the house of the petitioners, which was stated to be locked, on 23.04.2018. It is further contended that even a clear period of 30 days was not given from the date of affixation i.e. from 23.04.2018 inasmuch as the case was fixed for 30.04.2018 and the same was in violation of settled law. In order to substantiate the said argument, learned counsel for the petitioners has relied upon judgment titled Shokat Ali Vs. State of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e proceedings under Sections 138 of the Act of 1881. Notice of motion. On advance notice, Mr. Karanbir Singh, AAG, Punjab, appears and accepts notice on behalf of the State and has submitted that he is fully prepared to argue the matter and assist this Court and has opposed the present petition for quashing of FIR. He has submitted that in the present case, the petitioners have been declared as proclaimed persons and, therefore, the present FIR under Section 174-A of the IPC has been rightly registered. This Court has heard the learned counsel for the parties and has perused the paper book. From a comparison of the address of the petitioners mentioned in the complaint under Section 138 of the Act of 1881 (Annexure P-1) and the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ners on the ground that statutory period of thirty days had not elapsed. Learned Chief Judicial Magistrate, Karnal could not extend the time by simply adjourning the case for awaiting appearance of the petitioners and was mandatorily required to issue the proclamation again for publication thereof in accordance with the provisions of Section 82(2) of the Cr.P.C.. This conclusion is supported by judicial precedent reported as Ashok Kumar Vs. State of Haryana and another: 2013 (4) RCR (Criminal) 550. It is, thus, apparent that the proceedings declaring the petitioners as proclaimed persons are bad on the said account alone and thus, the registration of the FIR under Section 174-A of the IPC is illegal. It is further clear that the petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oordinate Bench after relying upon various judgments, had observed that once the accused persons had appeared in the proceedings under Section 138 of the Act of 1881 and had been granted the concession of bail, then the effect of order declaring the accused person as proclaimed person would dissipate and the ground for registration of the FIR under Section 174-A of the IPC would no longer exist and thus, any proceeding under Section 174-A of the IPC would be an abuse of the process of the Court. Keeping in view the abovesaid facts and circumstances, the present petition is allowed and the FIR No. 125 dated 20.10.2018 registered under Section 174-A of the IPC at Police Station Sadar Malout (Annexure P-7) as well as all the subsequent proc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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