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Showing contexts for: section 82,83 crpc in Balwant Singh And Anr vs State Of Punjab And Anr on 6 October, 2021Matching Fragments
Learned counsel for the petitioners has made two folds arguments. Firstly that without following the proper procedure prescribed under Sections 82/83 Cr.P.C., the petitioners have been declared proclaimed offenders. Learned counsel, with reference to passport entries, has submitted that at the relevant time when the complaint was filed and the petitioners were summoned, they were not in India, though on and off, they were coming to India and staying here for one month and then going back to UAE.
The next argument raised by learned counsel for the petitioners is that since co-accused Jaswant Singh @ Jassa stands acquitted on the same set of allegations, the impugned order is liable to be set aside as the 3 of 5 complainant cannot produce any proper evidence against the petitioners.
In reply, learned counsel for the complainant has submitted that as per passport entry and para 3 of the petition, it is stated that petitioners came to India on 15.03.2018 and went back on 01.05.2018 and the proclamation was issued by the trial Court on 26.02.2018 in the newspaper for 06.04.2018 and on that relevant time, the petitioners were admittedly in India and were having due knowledge of the publication in the newspaper and, therefore, the trial Court has properly followed the provisions of Sections 82/83 Cr.P.C. It is further submitted that even prior to that, summons and warrants were issued to petitioners for number of time but they evaded the service.
After hearing learned counsel for the parties, considering the submissions made by learned counsel for the parties, I find that at the relevant time when the publication, under Section 82 Cr.P.C., was made, both the petitioners were in India and, therefore, it cannot be said that the trial Court has not followed the mandatory provisions prescribed under Sections 82/83 Cr.P.C.
Further, the nature of allegations in the complaint against said co-accused Jaswant Singh @ Jassa, who stands acquitted by the trial Court, is on different footing as there are direct allegations against the petitioners of committing fraud and cheating with the complainant of Rs. 45,000/-, who is a poor Mason.