DALJIT SINGH versus STATE OF HARYANA & ANR.

DALJIT SINGH versus STATE OF HARYANA & ANR.

Section 174A IPC is an independent substantive offence that can be prosecuted for the instance of non-appearance when the proclamation operated; while proceedings under Section 174A cannot be initiated without a proclamation under Section 82 Cr.P.C., they may continue even if the proclamation is later nullified. However, where the accused is acquitted of the original offence and there is no longer any need to secure his presence, the trial court may close proceedings under Section 174A. Applying these principles, the appellant's acquittal and the facts of settlement warranted quashing of the proclaimed offender status and closure of related proceedings in this case.

Parties
Appellant: Daljit Singh; Respondent: State of Haryana & Anr.
Jurisdiction
India
Judgment Date
01 January 2025
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal From High Court Under Section 482 Cr.p.c.
Outcome
Appeal allowed
Legal Topics
Proclaimed Offender, Section 82 Cr.p.c., Section 174 a IPC, Quashing Proceedings, Non Appearance, Effect of Acquittal on Proclamation
Criminal Procedure Criminal Law Negotiable Instruments Law Proclaimed Offender Section 82 Cr.p.c. Section 174 a IPC Quashing Proceedings Non Appearance +1 more

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Parties

Daljit Singh

Appellant

State of Haryana & Anr.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From High Court Under Section 482 Cr.p.c.

Legal Issues

  1. 1 Whether proclaimed offender status under Section 82 Cr.P.C. can subsist if the accused is subsequently acquitted of the same offence
  2. 2 Whether subsistence of the proclamation under Section 82 Cr.P.C. is necessary for authorities to proceed under Section 174A IPC

Ratio Decidendi

Section 174A IPC is an independent substantive offence that can be prosecuted for the instance of non-appearance when the proclamation operated; while proceedings under Section 174A cannot be initiated without a proclamation under Section 82 Cr.P.C., they may continue even if the proclamation is later nullified. However, where the accused is acquitted of the original offence and there is no longer any need to secure his presence, the trial court may close proceedings under Section 174A. Applying these principles, the appellant's acquittal and the facts of settlement warranted quashing of the proclaimed offender status and closure of related proceedings in this case.

Court Disposition

Appeal allowed

Orders

  • The judgment of the High Court dated 02.06.2023 in CRM-M No. 5784 of 2023 is quashed and set aside.
  • All criminal proceedings inclusive of the FIR under Section 174A IPC are closed.