- (1.) Sanjay Sarin, the petitioner has brought this petition under the provisions of section 482 Cr.P.C. for quashing of order dated 1.6.2011 (Annexure P24) passed by learned Judicial Magistrate Ist Class, Chandigarh declaring the petitioner a proclaimed offender.
(2.) Smt. Payal Sarin lodged FIR No.131 dated 26.6.2010 at Police Station Sector 3, Chandigarh for an offence punishable under sections 406, 498-A, 506 read with section 120-B of Indian Penal Code. During the course of the proceedings of the case, presence of Sanjay Sarin, the husband of Payal Sarin was sought to be secured, but he was not traceable. When the processes of bailable warrants and non-bailable warrants could not succeed to secure the presence of the petitioner, the Magistrate issued proclamation under section 82 Cr.P.C. The petitioner then moved an application before the Magistrate with a prayer not to proceed with the proceedings of declaring him a proclaimed offender at that stage.
(3.) Briefly stated, he claimed in his application that he is not absconding but is exhausting his legal remedies. According to him, after dismissal of his application for anticipatory bail by the High Court, he has filed a plea for anticipatory bail before Hon'ble Apex Court and the same had not come up for hearing on account of the ongoing summer vacation there. He also claimed that sections 406, 498-A, 506 read with section 120-B IPC, for which he has been proceeded against, did not fall within the amended provisions of section 82 (4) Cr.P.C. and, therefore, he could not be declared a proclaimed offender. Taking reply thereto, the Magistrate rejected his plea and since proclamation already stood published against the petitioner, he recorded statement of the serving constable and declared the petitioner a proclaimed offender.;