Kanwaljit Singh Ahluwalia, J. - (1.) The present petition has been filed under Section 482 Cr.P.C. praying that the order dated 14.3.2018 passed by Judicial Magistrate, First Class, No.4, Ajmer in Criminal Case No. 43/2016 whereby the petitioner was declared proclaimed offender be set aside.
(2.) Learned counsel for the petitioner has submitted that no procedure prescribed under Section 82 Cr.P.C. was followed.
(3.) Section 82 of Code of Criminal Procedure reads as under:- "82. Proclamation for person absconding. (1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation. (2) The proclamation shall be published as follows:- (i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides; (b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village; (c) a copy thereof shall be affixed to some conspicuous part of the Court- house; (ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides. (3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of subsection (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.";