C. T. RAVIKUMAR, SANJAY KAROL
Daljit Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
(Sanjay Karol, J.)
1. The questions arising in this appeal that assails the judgment and order dated 2nd June, 2023 passed by the High Court of Punjab & Haryana at Chandigarh in Case No.CRM-M-5784 of 2023 (O&M), whereby under Section 482 of Criminal Procedure Code, 19731[Hereinafter, “Cr.P.C.”], the Court refused to quash Complaint Case No.151 of 2010 dated 8th June, 2010; summoning order dated 17th August, 2010; and order dated 28th November, 2016 declaring the appellant a proclaimed offender passed by the Judicial Magistrate, 1st Class, Bhiwani; are that whether the proclaimed offender status, under the provisions of the Cr.P.C., of an accused can subsist if such accused stands acquitted during trial in connection to the very same offence; and whether the subsistence of the proclamation under Section 82 of Cr.P.C. is necessary for the authorities to proceed against an accused against whom such a proclamation stands issued, under Section 174A of the Indian Penal Code, 18602[Hereinafter, “IPC”].
2. The facts which gave rise to the question as above, in brief, are:
2.1 The Appellant ran a business concern which was awarded a contract for ‘8-Laning’ of a National Highway (NH-
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Subsistence of proclamation after acquittal – Section 174A IPC is an independent, substantive offence that can continue even if proclamation under Section 82, Cr.P.C. is extinguished – It is a stand-....
The main legal point established in the judgment is that the term 'may' in Section 82(4) Cr.PC provides the court with discretion to issue a fresh proclamation for a person accused of an offense, and....
The court established that strict adherence to the procedural requirements of Section 82 Cr.P.C. is essential for validly declaring a person as a proclaimed offender.
The main legal point established in the judgment is the non-sustainability of orders declaring the petitioner as a proclaimed person and initiating criminal proceedings under IPC 174A due to non-comp....
Proclamation proceedings under Section 82 Cr.P.C. must adhere to strict procedural requirements, including prior issuance of arrest warrants and proper publication, to avoid nullity.
The court held that a proclamation under Section 82 of the Cr.P.C. is invalid if the accused was not properly served with warrants and the court failed to record satisfaction of the accused's abscond....
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