Ishan Sharma and another vs State of Punjab

Prayer in the present petition is for quashing/setting aside of the impugned order dated 27.05.2026 (Annexure P-10) passed by learned Judicial Magistrate 1st Class, Hoshiarpur, whereby the petitioners have been declared as proclaimed persons in case CHI/59/2025 titled “State Vs. Ishan Sharma and another”, arising out of FIR No. 11 dated 31.03.2024, registered under Sections 420, 120-B IPC and Section 13 of the Punjab Travel Professionals (Regulation) Act, 2014, at Police Station NRI, District Hoshiarpur, along with consequential proceedings.

It has been contended by learned counsel for the petitioners that the petitioners are ready to appear before the learned Trial Court and face the proceedings in accordance with law. He further submits that the petitioners had been regularly appearing before the learned Trial Court till 28.10.2025 and thereafter, due to some miscommunication with their counsel, they could not appear before the learned Trial Court. He further submits that the petitioners' absence was neither wilful nor deliberate. He submits that the learned Trial Court, vide order dated 08.04.2026, had noticed that the mandatory period of 30 days contemplated under Section 82(1) Cr.P.C. had not been complied with and, accordingly, fresh proclamation was ordered to be issued for 27.05.2026. He further submits that the impugned order dated 27.05.2026 has been passed without due compliance of the mandatory provisions of Section 82 Cr.P.C. and that the petitioners are ready to appear before the learned Trial Court and face the proceedings in accordance with law.

Notice of motion.

Learned State counsel, who is present in Court, accepts notice on behalf of respondent-State.

After hearing learned counsel for the parties and perusing the record, it is evident that due to non-appearance of the petitioners, proclamation proceedings were initiated against them and the petitioners were thereafter declared as proclaimed persons vide order dated 27.05.2026. The Court without going into the authenticity of the ground taken for the absence of the petitioners, deems it appropriate to direct the petitioners to appear before the Court concerned and to face the proceedings, if any, in accordance with law. In these circumstances, when the petitioners are ready to appear before the Court and face the proceedings, the order dated 27.05.2026, is set aside, subject to deposit of costs of Rs.50,000/- with the District Legal Service Authority, Patiala by the petitioners within a period of seven days from the date of receipt of copy of this order.

The petitioners are directed to appear before the trial Court within a period of ten days from the date of receipt of copy of this order and file an appropriate application alongwith receipt of costs of Rs.50,000/-. The trial Court shall thereafter pass appropriate orders in accordance with law. The petitioners will have protection from arrest for a period of ten days from the date of receipt of copy of this order. The trial Court is free to impose any condition it likes on the petitioners while dealing with the proceedings.

Needless to say that in case the petitioners fail to comply with the abovesaid direction, this order would be of no avail to them and the order dated 27.05.2026 will come in force and the present petition shall be deemed to have been dismissed.

Petition stands disposed of in abovesaid terms.

Pending application(s), if any, shall also stand disposed of.