Criminal Misc. No. M- 37489 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M- 37489 of 2010 Date of decision:- 27.1.2011 Sarabjit Rai ...Petitioner Versus State of Punjab ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. R.S. Cheema, Sr. Advocate with Ms. Tanu Bedi, Advocate for the petitioner. Mr. Vishal Munjal, Addl.A.G. Punjab. RITU BAHRI J. This petition under Section 482 Cr.P.C. is for setting aside the order dated 14.10.2010 (Annexure P-10) passed by the Judicial Magistrate 1st Class, Barnala in complaint No.3 dated 12.1.2010 declaring the petitioner as proclaimed offender. The petitioner is an Inspector and is facing criminal case initiated on proceedings under Section 340 Cr.P.C. by the Additional Sessions Judge, Barnala, vide order dated 09.1.2010. In a matter, while acquitting the accused/appellants, the alleged deceased was found to be alive. The trial Court was directed by this Hon'ble Court to initiate proceedings under Section 340 Cr.P.C. against the witnesses including the petitioner. Two departmental inquiries were conducted by the Superintendent of Police, Barnala viz-a-viz to the allegations against the petitioner, on which the alleged proceedings under Section 340 Cr.P.C. were initiated. In both the inquiries, petitioner was not found to be at fault. Mr. R.S. Cheema, senior counsel for the petitioner argues that the Criminal Misc. No. M- 37489 of 2010 -2- petitioner is facing trial in case punishable under Sections 420,120- B,193,194,195 and 196 of Indian Penal Code, which do not come in the category of offences in which the Court has power to pronounce a person as proclaimed offender after the amendment of Section 82 Cr.P.C. by the amending Act 2005 being enforced w.e.f. 23.6.2006. After the amendment the Court by proclamation can declare an accused to appear in the Court failing which his property can be attached but he cannot be declared as proclaimed offender. Mr. Cheema has argued that after the amendment in the Indian Penal Code, as per Section 174(a) IPC a distinction has been made between a person against whom proclamation is made or a person, who has been declared as proclaimed offender. In the present case after amendment in Section 82(4) Cr.P.C. the order dated 14.10.2010 (Annexure P-10) declaring the petitioner as proclaimed offender is liable to be set aside. I have heard learned counsel for the parties and have gone through the case file carefully. The petitioner is permitted to assail the order declaring him as proclaimed offender. He is given ten days time to file an appropriate application to the trial Court. Petitioner is ordered to be released on interim bail for a period of 30 (thirty) days to enable him to file this application. The trial Court shall pass an appropriate order on the application in accordance with law taking into consideration Section 174(a) of Indian Penal Code and Section 82(4) of the Code of Criminal Procedure. The application shall be decided within a period of interim bail. The criminal miscellaneous is disposed of. January 27, 2011 ( RITU BAHRI ) Vijay Asija JUDGE