Code of Criminal Procedure, 1973 – s.82 – Proclamation for person absconding – Penal Code, 1860 – s.174A – Penal consequences for intentionally evading the process u/s.82 Cr.P.C. – Appellant declared proclaimed offender for failing to appear in the court despite summons and written proclamation u/s.82 – High Court dismissed the appellant’s petition seeking quashing of the complaint, summoning order, and proceedings – Subsistence of the proclamation u/s.82 Cr.P.C., if necessary for the authorities to proceed against accused against whom such proclamation stands issued u/s.174A IPC:
Held: If the status u/s.82 Cr.P.C. is nullified, the person subjected to such proclamation, by virtue of subsequent developments is no longer required to be presented before a Court of law, the prosecution can still proceed against such a person for having not appeared before a Court during the time that the process was in effect – s.174A IPC is an independent, substantive offence, that can continue even if the proclamation u/s.82 Cr.P.C. is extinguished – It is a stand-alone offence – On facts, the appellant stands acquitted of the main offence which means that there is no case for which his presence is required to be secured – FIR u/s. 174A IPC was registered against the appellant, in connection with which, he was released on bail – Original offence pertains to the year 2010, the money subject matter of dispute stands paid, the judgment of the High Court is quashed and set aside – All criminal proceedings, inclusive of the FIR u/s.174A IPC closed – Appellant’s status, as ‘proclaimed person’ quashed. [Paras 7.3, 8, 9, 11]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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