"Court Overturns FIR, Sets Strict Guidelines for Declaring Individuals as 'Proclaimed Offenders' Due to Procedural Lapses"

Judicial Procedure - Compliance with statutory requirements for declaring an individual as a "proclaimed person" or "proclaimed offender" - Importance of thorough documentation and adherence to procedural guidelines - Quashing of FIR and all consequential proceedings due to lack of compliance with statutory requirements. [Para 13-15]

Guidelines for Issuance of Proclamation - Deliberation on previous efforts to secure the individual's presence - Requirements for publication of proclamation, including public reading, affixation at the individual's residence, and court premises - Period of not less than thirty days between publication and appearance date - Publication in a daily newspaper if deemed necessary - Declaration as "proclaimed person" or "proclaimed offender" based on the nature of the offense - Exercise of discretion in invoking criminal liability under Section 174A of IPC, considering various factors - Formal written complaint for initiating criminal proceedings. [Para 19]

• Deliberation on previous efforts to secure the individual's presence
• Requirements for publication of proclamation, including public reading, affixation at the individual's residence, and court premises
• Period of not less than thirty days between publication and appearance date
• Publication in a daily newspaper if deemed necessary
• Declaration as "proclaimed person" or "proclaimed offender" based on the nature of the offense
• Exercise of discretion in invoking criminal liability under Section 174A of IPC, considering various factors
• Formal written complaint for initiating criminal proceedings. [Para 19]

Date of Decision: 23 August 2023

Pardeep Kumar vs State of Punjab and another