KANWALJIT SINGH AHLUWALIA,J. - (1.) Instant petition has been preferred under Section 482 Cr.P.C., 1973 to assail the order dated 26.11.2015 passed by the Judicial Magistrate, Chirawa District Jhunjhunu, in Criminal Case No.520/2015, titled as State v. Gajanand arising out of impugned F.I.R. No.254/2011 registered at Police Station Chirawa District Jhunjhunu for offences punishable under Sections 418, 419, 420, 406 and 120-B I.P.C.
(2.) Mr. Biri Singh Sinsinwar, ld. Senior Advocate appearing for the petitioner/accused, has submitted that the trial Court gravely erred to declare the petitioner as a proclaimed offender on 26.11.2015 without following the procedure prescribed under section 82 of the Code of Criminal Procedure, 1973.
(3.) This Court on 27.07.2018 had passed the following order:- "Mr. Biri Singh Sinsinwar the learned Senior Counsel appearing for the petitioner has submitted that on 26.11.2015 itself upon presentation of challan the petitioner was declared as proclaimed offender. Mr. Prakash Thakuriya, the learned Public Prosecutor disputed the afore-stated fact by referring to the order dated 26.11.2015 to contend that the court had summoned the witness who had executed process of proclamation for 27.1.2016. There is serious dispute regarding procedure followed and orders recorded by the court below. Dy. Registrar (Judicial) on the charges to the submitted by the petitioner towards cost and expenses of special messenger, is directed to requisition the records from the court of Judicial Magistrate, Chidawa through Special Messenger. List this case on 10.8.2018.";