JUDGMENT : ANOOP CHITKARA J. FIR No. Dated Police Station Sections FIR No. Dated Police Station Sections 77 10.09.2023 Ballianwali, District Bathinda 302, 307, 323, 120B, 148 & 149 IPC 1. The petitioner aggrieved by the order dated 04.03.2024 (Annexure P-2) on being declared as proclaimed offender in the FIR captioned above, has come up before this Court, by filing the present petition under Section 528 BNSS 2023, seeking quashing of the same. 2. Petitioner’s ground for setting aside the proclamation order is that proclamation was not read out in the village publically as per Section 82(2)(1)(a) CrPC. In addition to this technical ground, other ground made by the petitioner is that petitioner does not have knowledge about registration of FIR and even they were not arrested, although they could have been arrested and the petitioner was not even aware about proclamation proceedings. 3. Counsel for the State opposes the present petition as well as bail filed by the petitioner. There is a judicial pronouncement which says that anticipatory bail is not maintainable when a person is a proclaimed person. 4. The offence in question is the most dangerous under any law i.e. murder. 5. Facts of the case are being taken from reply dated 25.03.2025, which reads as under:- “Statement of Arman Singh Son of Amrik Singh resident of Thedi, District Fatehabad Sirsa, aged about 19 years, Mobile No.97283-xxxxx. Stated that I am a resident of the above said address and do agricultural work. Several years ago my maternal uncle (Massad) i.e. husband of mother's sister namely Gurmeet Singh Son of Kashmir Singh resident of Bhagsar, District Fazilka purchased four acres of land in Village Mandi Khurd, District Bathinda, where I used to go to explore the land with my masad Gurmeet Singh many times. Where many days ago, I and my masad Gurmeet Singh and my maternal aunt (Massi) Paramjit Kaur also went to see the fields at Mandi Khurd, where Jaswinder Singh Son of Mukand Singh of Mandi Khurd and his son Jagmohan Singh, brother-in-law of Jaswinder Singh resident of Rampura also came to the fields, they started saying to us that "we have two acres of land. leave our land, otherwise you will have to face dire consequences. leave our land, otherwise you will have to face dire consequences. If you enter in this land again in future, then we will not spare you, henceforth think carefully before entering this land." Just by saying this, they went away from the field by giving threats. Today 1, my massad Gurmeet Singh, my massi Paramjeet Kaur and my massi Kuljeet Kaur Wife of Makhtoor Singh resident of Shamsa Bhatti, Sirsa and Principal Singh Son of Malik Dutta resident of Dhani 400, Sirsa had come to see the land of village Mandi Khurd, where by arranging the labour, were getting uprooted the trees/plants of eucalyptus planted in the fields. Then at about 12.40 in the day, from the side of Village Kuttiwal a vehicle Bolero of white colour and three motorcycles. on which two persons were riding each, who had handles of taps, gandasis, rods and kirpan with them and six-seven persons alighted from the Bolero vehicle, all the persons started giving beatings to massi Paramjit Kaur and Kuljit Kaur with their respective arms, then I and my massad Gurmeet Singh and Principal, who were Standing in the nearby field, rushed to rescue them, from these persons Jaswinder Singh Son of Mukand Singh, who had rod, his son Jagmohan Singh, who had kirpan with him, residents of Mandi Khurd and brother-in-law of Jaswinder Singh resident of Rampura, who had the handle of tap with him, in the presence of us while we were rescuing, Jaswinder Singh, gave a forceful blow of the rod held in his hands to my massi Paramjit Kaur and the other persons also inflicted several injuries with their respective arms and while we were rescuing, Jagmohan Singh gave a direct blow of the Kirpan held in his hands, above the left eye of my massad Gurmeet Singh, and Jaswinder Singh with his rod, continuously stroke several blows on the legs below the knees, due to which my massad fell down on the earth. Jaswinder Singh and his son Jagmohan Singh and other their accomplices injured him with their respective arms with the intention to kill him and have also inflicted injuries on my massi(cid:1)Paramjit Kaur on her head, body and other parts with their arms with the intention 10 kill her. Jaswinder Singh and his son Jagmohan Singh and other their accomplices injured him with their respective arms with the intention to kill him and have also inflicted injuries on my massi(cid:1)Paramjit Kaur on her head, body and other parts with their arms with the intention 10 kill her. On hearing the hue and cry of the conflict, Nirmal Singh Son of Gurcharan Singh, Balwant Singh Son of Mukhtiar Singh and Balkar Singh Son of Harbans Singh reached on the spot, who and we made hue and cry "Don't beat, don't beat", and while departing from the spot they also inflicted injuries with their respective weapons to Balkar Singh resident of Mandi Khurd. This fight has taken place with the connivance and conspiracy of Buta Singh, Ex. Panch, resident of Mandi Khurd. Buta Singh has full support in this strife. After the strife all of these persons, by riding on Motorcycles and Bolero vehicle bearing Registration No. PB-03BE-0651 was read, ran away towards village Kuttiwal along with their respective arms. That I and Principal, Nirmal Singh and Balwant Singh by taking Gurmeet Singh. Paramjit Kaur, Kuljit Kaur and Balkar Singh in a vehicle got them admitted in the Government Hospital Bathinda, where during the treatment, my massad Gurmeet Singh died due to suffering grave injuries. My massi Paramjit Kaur and Kuljit Kaur were referred to higher hospital for treatment. That the above said in connivance with each other and by Inflicting serious injuries with their weapons/arms, have injured seriously with the Intention to kill. Due to which Gurmeet Singh has died during treatment. With the intention to kill my Massi Paramjit Kaur, have inflicted serious injuries. They have also inflicted several injuries on the bodies of Kuljit Kaur and Balkar Singh. The cause of grudge is that my massad Gurmeet Singh had purchased land in Village Mandi Khurd, on which Jaswinder Singh and his son Jagmohan Singh were wanting to take possession on this land forcibly. My massad Gurmeet Singh and we rest of the family were opposing this affair. Due to this grudge, they all the persons, by conniving with each other, by inflicting grave injuries, have killed Gurmeet Singh. Action should be taken against them. Statement is recorded to you, heard it is correct. Further/then said, Paramjit Kaur wife of Jaswinder Kaur was also hand in glove; she was also Involved in conniving to get the conflict done. Due to this grudge, they all the persons, by conniving with each other, by inflicting grave injuries, have killed Gurmeet Singh. Action should be taken against them. Statement is recorded to you, heard it is correct. Further/then said, Paramjit Kaur wife of Jaswinder Kaur was also hand in glove; she was also Involved in conniving to get the conflict done. Statement recorded, it is correct. Action should be taken. Sd/- Jarman Singh abovesaid. Attested Sd/- Gurdeep Singh, Inspector, Station House Officer, PS Balianwali, Dated 09.09.2023” 6. It would be appropriate to refer to following portion of the reply, which reads as follows:- “14. That during remaining investigation, the investigating officer had taken every plausible steps to arrest the remaining accused persons namely Jaswinder Singh Son of Mukand Singh, Manmohan Singh alias Jagmohan Singh Son of Jaswinder Singh, Paramjit Kaur Wife of Jaswinder Singh, Buta Singh Ex-Panch, Pargat Singh Son of Bagicha Singh and Billa Singh alias Babbu but these accused persons were being clever always dodged to the investigating officer and ultimately, the investigating officer had got initiated proclamation proceedings from the Learned Court of Illaqa Magistrate. Consequently, the investigating officer had complied with orders of Learned Magistrate for completion of proclamation of accused persons and after completion of proclamation process of accused persons, the Learned Magistrate had rightly and with reasoned order declared proclaimed offenders to the accused/petitioners and others vide order dated 04.03.2024. x x x x 22. That so far as concerned with the proclamation of accused/petitioner ParamjitKaur, the same was duly effected with proper procedure step by step and while adopting due course of law and then only got declared her as proclaimed offender from Learned Illaqa Magistrate with reasoned order dated 04.03.2024. Moreover, before declaration of accused as proclaimed offender, the investigating officer had taken every plausible stem to arrest her but being ultimate clever, the accused/petitioner has been dodging the investigating agency and even PO staff, Bathinda in order to avoiding her arrest as such her act and conduct does not seems fine to grant any such relief to her.” 7. Arguments addressed by the petitioner as well as State would lead to the following outcome. (i) After issuance of proclamation, the ground taken by the petitioner against proclamation, is non-reading out of the proclamation order in public place. Arguments addressed by the petitioner as well as State would lead to the following outcome. (i) After issuance of proclamation, the ground taken by the petitioner against proclamation, is non-reading out of the proclamation order in public place. Petitioner has referred to copy of report submitted by Constable-Jasmeet Singh (Annexure P-4) which reads as follows:- “It is humbly submitted that in compliance with the orders of this Hon'ble Court one copy of the proclamation related to accused Jaswinder Singh son of Mukand Singh resident of Mandi Khurd has been affixed on his main gate and one copy in the village common place and one copy has been affixed on the notice board of this Hon'ble Court.” 8. Once the legislature has prescribed a certain thing to be done, it has to be done in that manner and there is nothing to deviate from such procedure and even if it was violated then the reason has to be given. In the present case, there was no justification for not reading out the proclamation on public place and further there is no explanation in this regard. A perusal of the impugned order dated 24.04.2024 is also silent about this aspect. 9. Given above, although the offence is under Section 302 IPC but it would not mean when the offence is serious, then the investigating agency or the Executing Agency can by-pass the statutory requirements of Section 82(2)(1A) of CrPC or Section 84 of BNSS 2023. Thus, the impugned order declaring the petitioner as proclaimed offender is not in terms of the legal requirements of Section 82(2)(1A) of CrPC. 10. Given the above, petition is allowed and impugned order dated 04.03.2024 is quashed and set aside. All pending applications stand closed in tune with this judgment. (ANOOP CHITKARA) JUDGE 14.05.2025 anju rani Whether speaking/reasoned: Yes Whether reportable: NO.