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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."

11. Relying upon the said authority, this case is also required to be decided accordingly.

12. In these circumstances, the order declaring the petitioner as proclaimed offender cannot sustain, however, he is a proclaimed person against whom proclamation stands published and he is liable to be proceeded under Section 83 of the Cr.P.C. by way of attachment of his property as also under Section 174-A, IPC.

13. The petition is allowed in the above said terms.

14. A copy of this judgment be sent to the trial Court for strict compliance.

10. In these circumstances, the order declaring the petitioner as proclaimed offender cannot sustain, however, he is a proclaimed person against whom proclamation stands published and he is liable to be proceeded under Section 83 of the Cr.P.C. by way of attachment of his property as also under Section 174-A, IPC.

11. The petition is allowed in the above said terms.

12. A copy of this judgment be sent to the trial Court for strict compliance.

                                                  ( K.C. PURI )
December 06, 2012                                    JUDGE
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