Magistrate 1st Class, Ludhiana vide which the petitioner was
declared as proclaimed offender.
I have heard learned counsel for the parties and have gone ... Code. Hence, it is submitted that petitioner
could not be declared proclaimed offender for the said offences.
Learned counsel for the State also could
getting the order dated
6.2.2010 declaring the petitioner as proclaimed offender set aside.
Petitioner is an accused in FIR No.184 dated 19.08.2008 under
Sections ... proceedings under Section 82 Cr.P.C. for declaring him as proclaimed offender
and he was declared as proclaimed offender vide order dated 6.2.2010.
Petitioner
petitioner
could not be declared as proclaimed offender for the afore-mentioned
offences.
It is necessary to reproduce Section 82 of Cr.P.C. which ... after making
such inquiry as it thinks fit, pronounce him a proclaimed
offender and make a declaration to that effect.
(5) The provisions
declared as proclaimed offender on 9.1.1999. Co-accused faced trial,
whereas petitioner-accused remained absconding. Though, co-accused were
acquitted, however, present petitioner accused ... accused that petitioner had already left abroad before he was declared
proclaimed offender. However, no such document has been placed on
record either before learned
year 2007. Petitioner remained
absconding and was declared Proclaimed Offender. Earlier he filed Crl.
Misc. No.M-13556 of 2011 before this Court for quashing ... order declaring
him as Proclaimed Offender and however, the said petition was got dismissed
as withdrawn with liberty to file a fresh
filed by the petitioner.
Briefly stated, present petitioner-accused was declared
proclaimed offender in this case vide order dated 22.11.2010. The said order ... learned counsel for the petitioner argued
that the order declaring him Proclaimed Offender is not legal one.
Bail application has been vehemently opposed by learned
learned counsel for the State that they have already been declared
proclaimed offenders, whereas report under Section 173 Cr.P.C. has been
filed against
never duly served and that proceedings vide
which he was declared proclaimed offender are not legal.
However, there are serious allegations against petitioner-
accused. Petitioner
were initiated against petitioners and they were declared proclaimed
offenders by learned trial Court.
It has been stated by learned counsel for the petitioners that ... absconding
from learned trial Court and have already been declared proclaimed
offenders, they are having no right to seek indulgence of this Court for
obtaining
rape are against accused Sukhbir Singh and Shankar, who is
proclaimed offender.
Bail applications have been vehemently opposed by learned
counsel for the State