JUDGEMENT
MANJARI NEHRU KAUL,J. -
(1.)Instant petition has been filed under Sec. 482 Cr.PC for quashing of the order dtd. 20/1/2022 (Annexure P-ll) passed by JMIC, Fatehabad in case FIR No.62 dtd. 25/8/2021 under Ss. 498-A/34 IPC (Ss. 406/506 IPC added later on) vide which the trial Court issued fresh proclamation against accused-respondent No.2 despite the fact that first proclamation had been duly executed under Sec. 82 Cr.PC.
(2.)Learned counsel for the petitioner submits that the learned trial Court while passing the impugned order gravely erred and acted contrary to the provisions contained in Sec. 82 Cr.PC by issuing fresh proclamation against respondent No.2 for 9/3/2022. He further submits that although the proclamation issued by the Court below vide order dtd. 2/12/2021 stood duly effected upon the accused-respondent No.2, as was evident from the order dtd. 11/1/2021, however, respondent No.2 intentionally absented and did not put in appearance before the trial Court on the date fixed i.e. 20/1/2022. He thus, submits that since the absence of respondent No.2 was intentional before the trial Court on 20/1/2022, he ought to have been proceeded against under Sec. 82(4) Cr.PC and declared a proclaimed offender, which the trial Court erroneously failed to do.
(3.)Heard learned counsel and perused the material available on record.
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