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Criminal · Reportable judgment

Daljit Singh vs State of Haryana & Anr.

Court
Supreme Court of India
Date
2 January 2025
Case No.
Criminal Appeal No. 4359 of 2024
Result
Allowed
Bench
C.T. Ravikumar, Sanjay Karol
Citation
[2025] 1 S.C.R. 117 : 2025 INSC 21
Acts & Sections
IPC CrPC Negotiable Instruments Act, 1881
Supreme Court Reports [2025] 1 S.C.R. 117 : 2025 INSC 21
Issue for consideration
Issue arose as regards the order passed by the High Court refusing to quash the complaint, summoning order and order declaring the appellant a proclaimed offender passed by the Magistrate; 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 u/s.82 Cr.P.C. necessary for the authorities to proceed against accused against whom such proclamation issued, u/s.174A IPC.
Headnote

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]

Keywords: Proclaimed offender · Proclaimed offender status · Subsistence of the proclamation u/s.82 Cr.P.C. · Failing to appear in the court despite summons and written proclamation u/s.82 CrPC · Summoning order

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.

Full Judgment Text

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 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 pro
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