P&H: Quashes Proclaimed-Person Order Over Defective Proclamation Process

punjab-haryana
⚖️ Order Date: 15 Oct 2026
Headnotes

(i) Criminal Procedure Code, 1973, S.82 — Proclamation against absconding person — There is no prima facie satisfaction recorded in order that accused had absconded and that warrant of arrest previously issued cannot be executed — Impugned order deserves to be set aside on this...

(ii) Criminal Procedure Code, 1973, S.82 — Proclamation against absconding person — On  12.05.2012 proclamation was received back but case was adjourned to 10.07.20212, through statement of serving Head Constable was recorded regarding publication of proclamation and report of Chowkidar of Village was also received...


Facts of the Case

P&H: Quashes Proclaimed-Person Order Over Defective Proclamation Process

The Punjab and Haryana High Court has set aside an order declaring Kuldeep Singh a proclaimed person, finding that the Magistrate’s order did not record the required satisfaction that Singh had absconded or was concealing himself to prevent execution of an arrest warrant. The Court also found defects in the proclamation process.

Singh had sought to quash the 2012 order in a case arising from an FIR registered under Sections 323, 324 and 34 of the Indian Penal Code. He argued that he had not been informed about the case and that the mandatory procedure for issuing and publishing a...

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