30 Days' Period Wrongly Calculated, Proclamation Order Unsustainable in Law: High Court Quashes Declaration of Petitioner as Proclaimed Person

In a significant ruling, the High Court of Punjab and Haryana, presided by Hon'ble Mr. Justice Sandeep Moudgil, has quashed the proclamation order declaring the petitioner, Rasneet Singh, as a proclaimed person in FIR No.79/2014, observing a critical procedural error in the computation of the mandatory 30-day period under Section 82 of the Criminal Procedure Code (Cr.P.C.).

Legal Point: The court delved into the legal intricacies surrounding the declaration of an individual as a proclaimed person under Section 82 of the Cr.P.C. The petitioner challenged the order on grounds of incorrect calculation of the mandatory 30-day period stipulated for proclamation under this section.

Facts and Issues: The petitioner was declared a proclaimed person in a case registered under Sections 325, 323, 34 of the Indian Penal Code (IPC). The contention was that the 30-day period, crucial for the proclamation process, was not correctly computed by the trial court.

Computation of Period for Proclamation: The Court noted that the 30-day period was incorrectly calculated from the date the court ordered the fixing of the proclamation, not from the date it actually took effect.

Mandatory Requirements under Section 82 Cr.P.C.: The judgment highlighted the non-compliance with mandatory procedural requirements, underscoring the necessity for strict adherence to the provisions of Section 82(1) and 82(2) Cr.P.C.

Precedents and References: The court referred to several past judgments, including "Rohit Kumar Vs. State of Delhi" and "Ashok Kumar Vs. State of Haryana," to reinforce the criticality of adhering to the procedural mandates in declaring someone a proclaimed person.

Decision: The High Court set aside the order dated 26th August 2016, declaring the proclamation legally unsustainable due to material procedural irregularities and incorrect computation of the mandatory 30-day period. The proclamation and subsequent proceedings were rendered null and void.

Date of Decision: 22nd March 2024

Rasneet Singh vs. State of Punjab and Another