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Challenge in the present petition under Section 482 of the Code of Criminal Procedure is the order dated 12.3.2012 (Annexure P-2) vide which the petitioner has been declared proclaimed offender.

2. The case of the petitioner is that criminal case under Sections 323, 341, 324, 148 and 149 of the Indian Penal Code ( in short - the IPC) was registered against the petitioner vide FIR No.303 dated 10.11.2009 at Police Station City Jagraon.

3. Learned counsel for the petitioner has submitted that vide order Annexure P-2 the petitioner has been declared proclaimed offender. It is submitted that in view of the amendment in Section 82 sub section 4 of the Cr.P.C., the petitioner cannot be declared as proclaimed offender as he is not covered by the offences mentioned in sub Section 4 of Section 82 of the Code of Criminal Procedure.

section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine."

9. The Parliament in its wisdom has provided different sentences for proclaimed person and proclaimed offender. Under Section 174-A of the IPC the punishment is severe in case the accused is declared a proclaimed offender than the accused who has been declared proclaimed person.

10. In authority Sanjay Sarin's case (supra), this court set aside the order of declaring the accused as proclaimed offender being against the provisions of Section 82 sub section 4 of Cr.P.C. but observe as under :-

"In these circumstances, although the impugned order declaring the petitioner a proclaimed offender cannot be sustained, however, he is a proclaimed person against whom proclamation stands published and he is liable to be proceeded under Section 83 Cr.P.C., by way of attachment of his property as also under Section 174-A, IPC. The petition is allowed in the above terms."

Or, if the summons, notice, order of proclamation is to attend in person or by agent in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

9. The Parliament in its wisdom has provided different sentences for proclaimed person and proclaimed offender. Under Section 174 of the IPC the punishment is severe in case the accused is declared proclaimed offender than the accused who has been declared proclaimed person.