S.82 CrPC | 30 Days Period Between Actual Date Of Effecting Proclamation & Date Nominated For Appearance Is Mandatory: Punjab & Haryana High Court

[20 May 2022] The Punjab and Haryana High Court held that a clear period of 30 days starting from the date when a proclamation under Section 82 of the CrPC. is actually affected up to the date nominated for causing appearance is mandatory. In the instant, bench comprising Justice Gurvinder Singh Gill set aside the order of the Lower Court, affording only 26 days to the petitioner-accused, to appear before it in terms of the proclamation. “Keeping in view the factual position, as noticed in order dated 17.01.2022, it is apparent that a clear period of 30 days w.e.f. the date when proclamation was actually affected up to the date nominated for causing appearance i.e. 28.08.2017 was not afforded to the petitioner and it is only a period of 26 days, which was afforded.” The Court allowed the appeal keeping in view the factual position and the law laid down in Ashok Kumar v. State of Haryana 2013(4) R.C.R. (Criminal) 550 and Anita Sharma v. State of Punjab and held that the impugned order cannot sustain and is hereby set aside.