Punjab and Haryana High Court Overturns Proclaimed Person Order in Cheating Case
The Punjab and Haryana High Court has quashed a proclaimed person order in a criminal case from 2019. Justice Sumeet Goel delivered this significant ruling on Friday. He found that the lower court in Pehowa, Kurukshetra, committed serious procedural violations.
Case Background and Procedural Flaws
The case involves an FIR dated October 31, 2019, registered at Pehowa police station. Authorities charged the petitioner, Charanjeet Singh alias Dabbal, under the Immigration Act, 2000, and Sections 406 and 420 of the Indian Penal Code. These sections pertain to cheating and criminal breach of trust.
Charanjeet Singh received anticipatory bail in 2020. However, he later failed to appear before the trial court. Reports indicated he was living abroad, first in Spain and then in Germany.
The trial court initiated proclamation proceedings in December 2022. It declared him a proclaimed person on February 24, 2023, after his non-appearance.
Justice Goel's Findings on Procedural Violations
Justice Sumeet Goel identified multiple flaws in the proclamation process. He noted that the execution report did not show the proclamation was publicly read out in a conspicuous place in the petitioner's ordinary residence. This step is a compulsory requirement under the law.
Justice Goel further pointed out that the trial court did not record the necessary judicial satisfaction. The court failed to determine if the petitioner was deliberately absconding or concealing himself to avoid arrest.
Justice Goel stated, "This Court finds that the course adopted by the Court below is in clear contravention of, and antithetical to, the provisions of Section 82 of the Code of Criminal Procedure, 1973. The Court below has committed a manifest illegality by issuing and acting upon the proclamation without ensuring compliance with the mandatory statutory requirements."
Emphasis on Mandatory Legal Provisions
The judge emphasised that the provisions for proclamation are mandatory. Any failure to follow them makes the entire process invalid.
He said, "The law is well settled that no person can be declared a proclaimed offender/person unless the procedure prescribed under Section 82 of the Code of Criminal Procedure, 1973, is strictly and meticulously adhered to. It is trite that the provisions of Section 82 Cr.P.C. are mandatory in nature, and any non-compliance thereof vitiates the entire proceedings."
Justice Goel relied on an earlier coordinate bench judgment in 'Sonu v. State of Haryana' from 2021. He listed key requirements for a valid proclamation, including:
- Prior issuance of an arrest warrant
- Court satisfaction of absconding
- A minimum 30 days for appearance
- Public reading of the proclamation
- Affixing copies at specified places
- A written court statement confirming proper publication
Criticism of the Lower Court's Approach
Justice Goel ruled that the lower court acted in a mechanical manner. He declared, "The learned Court below, while declaring the petitioner as a proclaimed person, failed to record the requisite judicial satisfaction regarding due execution of the proclamation and proceeded in a mechanical and perfunctory manner, rendering the impugned order legally unsustainable."
Court's Decision and Broader Implications
The high court allowed the petition. It quashed the February 24, 2023, order and set aside all subsequent proceedings arising from it.
Legal observers noted that this ruling reinforces strict adherence to proclamation rules. This is especially important when the accused is living abroad.
Similar arguments have surfaced in other pending matters before the same high court. For instance, a recent petition by Aam Aadmi Party MLA Harmit Singh Pathanmajra challenges his proclaimed person status. He resides in Australia in a separate case registered in Patiala.
This decision highlights the critical importance of following procedural safeguards in criminal cases. It ensures that legal processes remain fair and just, even when dealing with accused individuals overseas.
