The core legal questions addressed are whether the status of a proclaimed offender can remain if the individual is acquitted in the underlying offense and if the proclamation is necessary for prosecution under Section 174A of the Indian Penal Code, which penalizes non-appearance in response to such a proclamation. The court examines various legal precedents regarding the purpose and application of Section 82 of the Criminal Procedure Code concerning proclamations. Ultimately, the court determines that while the Section 174A offense is independent, given the appellant’s acquittal in the original case and the settlement of the financial matter, all related criminal proceedings, including the Section 174A FIR, are closed, and the appellant’s proclaimed offender status is quashed.
(A) Criminal Procedure Code, 1973, Section 82, 482 – Proclaimed offender – Quashing petition –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? – Appellant has been acquitted which means that there is no case for which his presence is required to be secured – In the attending facts and circumstances of the case, i.e. that the original offence pertains to the year 2010; the money subject matter of dispute stands paid – Judgment of the High Court liable to be quashed and set aside – All criminal proceedings, inclusive of the FIR under Section 174A IPC, shall stand closed – The Appellant’s status, as a ‘proclaimed person’ stands quashed.
(Para 11)
(B) Criminal Procedure Code, 1973, Section 82 – Proclaimed offender – Process – The purpose of Section 82 Cr.P.C., as can be understood from a bare reading of the statutory text is to ensure that a person who is called to appear before a Court, does so – This Section appears as part of Chapter VI which is titled ‘Process to Compel Appearance’ – Section 83 to 90 provide for the additional method of attachment of property to the end of securing appearance- Necessarily then some or the other proceeding has to be ongoing for which the presence of such person is necessary – The words of the Section dictate that it can be only issued in respect of a person against whom a warrant has been issued. Neither a warrant nor proclamation subsequent can be conjured up out of thin air.
(Para 7.1)
(C) Criminal Procedure Code, 1973, Section 82 – Penal Code, 1860, Section 174A – Proclaimed offender – Non-appearance in response to a proclamation – Whether the subsistence of the roclamation 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 – Held that Section 174A IPC is an independent, substantive offence, that can continue even if the proclamation under Section 82, Cr.P.C. is extinguished – It is a stand-alone offence.
(Para 8)
Daljit Singh V. State Of Haryana
Supreme Court: 2025 INSC 21: (DoJ 02-01-2024)
