Without Issuing Notice and Bailable Warrants - Declaring Proclaimed Offender Renders Proceedings Illegal: Punjab & Haryana High Court Quashes FIR

Proclamation Must Be Duly Served Before Declaring a Person a Proclaimed Offender - In a crucial judgment Punjab & Haryana High Court quashed an FIR registered against Tulsa Devi Tripathi under Section 174-A IPC, ruling that the proclamation proceedings declaring her a proclaimed offender were conducted in violation of legal requirements. The Court observed that "once the statutory procedure under Section 82 Cr.P.C. is not followed, all subsequent actions, including the registration of an FIR under Section 174-A IPC, stand vitiated."

Setting aside the order dated November 3, 2022, passed by the Judicial Magistrate First Class, Gurugram, the High Court held that "a proclamation issued without ensuring due service on the accused is not legally sustainable. The law mandates strict compliance, and any deviation renders the proceedings unlawful."

"Declaration of Proclaimed Person Without Proper Notice Violates Fundamental Rights"

The case originated from a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, in which Tulsa Devi Tripathi was accused of dishonoring a cheque issued to M/s India Infoline Housing Finance Ltd. Due to her alleged non-appearance, the trial court declared her a proclaimed person on November 3, 2022, and subsequently, an FIR was registered against her under Section 174-A IPC at Shivaji Nagar Police Station, Gurugram.

The petitioner argued that she was never properly served with the proclamation, and the trial court failed to record its satisfaction that she had absconded or was deliberately evading the court’s process. Rejecting the legality of the proclamation, the High Court ruled that "before declaring a person a proclaimed offender, the trial court must strictly adhere to the procedure laid down under Section 82 Cr.P.C. Mere non-appearance does not justify a proclamation unless it is established that the person is intentionally avoiding legal proceedings."

"Criminal Law Cannot Be Set Into Motion Without Complying With Statutory Safeguards"

The High Court examined whether the issuance of the proclamation met the mandatory requirements laid down in Section 82 Cr.P.C. Referring to Major Singh v. State of Punjab (2023), the Court reiterated that "before declaring a person a proclaimed offender, the court must ensure that all reasonable steps were taken to serve notice, including summons and bailable warrants. A proclamation cannot be issued as the first resort."

The judgment emphasized that "criminal proceedings, especially those affecting personal liberty, must adhere to strict procedural safeguards. If a statute prescribes a particular method to be followed, it must be followed in its entirety. Any deviation from this renders the subsequent proceedings illegal."

"Registration of FIR Under Section 174-A IPC Was a Consequential Error"

The prosecution argued that the petitioner had deliberately failed to appear before the trial court, justifying the FIR under Section 174-A IPC. However, the High Court rejected this contention, ruling that "once the declaration of the petitioner as a proclaimed offender is found to be illegal, the FIR under Section 174-A IPC automatically falls. Since the foundation itself is flawed, any consequential action based on it has no legal standing."

The Court referred to C. Muniappan v. State of Tamil Nadu (2010) 9 SCC 567, stating that "criminal law cannot be invoked mechanically. The absence of a legally valid proclamation order means that the registration of an FIR under Section 174-A IPC was itself an abuse of process."

The High Court ruled: "The impugned order dated November 3, 2022, declaring the petitioner as a proclaimed person, as well as FIR No. 2041 dated December 3, 2022, registered under Section 174-A IPC at Shivaji Nagar Police Station, Gurugram, and all consequential proceedings emanating therefrom, are hereby quashed."

The Punjab & Haryana High Court has reaffirmed that "declaring a person a proclaimed offender without following the due process of law is an infringement of their fundamental rights. Proclamation proceedings must be conducted with strict adherence to statutory safeguards, failing which all subsequent actions, including criminal prosecution, become legally unsustainable."

By quashing the illegal FIR and proclamation order, the judgment ensures that "criminal law is not misused to harass individuals through wrongful prosecution, and procedural fairness remains the cornerstone of justice."

Date of decision: 01/03/2025