LexDALJIT SINGH versus STATE OF HARYANA & ANR.
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[2025] 1 S.C.R. 117 : 2025 INSC 21 Daljit Singh v. State of Haryana & Anr. (Criminal Appeal No. 4359 of 2024) 02 January 2025 [C.T. Ravikumar and Sanjay Karol,* JJ.] Issue for Consideration Issue arose as regards the order passed by the High Court refusing to quash the complaint, summoning order and order declaring the appellant a proclaimed offender passed by the Magistrate; whether the proclaimed offender status, under the provisions of the Cr.P.C., of an accused can subsist if such accused stands acquitted during trial in connection to the very same offence; and whether the subsistence of the proclamation u/s.82 Cr.P.C. necessary for the authorities to proceed against accused against whom such proclamation issued, u/s.174A IPC. Headnotes† Code of Criminal Procedure, 1973 – s.82 – Proclamation for person absconding – Penal Code, 1860 – s.174A – Penal consequences for intentionally evading the process u/s.82 Cr.P.C. – Appellant declared proclaimed offender for failing to appear in the court despite summons and written proclamation u/s.82 – High Court dismissed the appellant’s petition seeking quashing of the complaint, summoning order, and proceedings – Subsistence of the proclamation u/s.82 Cr.P.C., if necessary for the authorities to proceed against accused against whom such proclamation stands issued u/s.174A IPC: Held: If the status u/s.82 Cr.P.C. is nullified, the person subjected to such proclamation, by virtue of subsequent developments is no longer required to be presented before a Court of law, the prosecution can still proceed against such a person for having not appeared before a Court during the time that the process was in effect – s.174A IPC is an independent, substantive offence, that can * Author 118 [2025] 1 S.C.R. Digital Supreme Court Reports continue even if the proclamation u/s.82 Cr.P.C. is extinguished – It is a stand-alone offence – On facts, the appellant stands acquitted of the main offence which means that there is no case for which his presence is required to be secured – FIR u/s. 174A IPC was registered against the appellant, in connection with which, he was released on bail – Original offence pertains to the year 2010, the money subject matter of dispute stands paid, the judgment of the High Court is quashed and set aside – All criminal proceedings, inclusive of the FIR u/s.174A IPC closed – Appellant’s status, as ‘proclaimed person’ quashed. [Paras 7.3, 8, 9, 11] Case Law Cited Mukesh Bhatia v. State (NCT of Delhi) 2022 SCC OnLine Del 1023; Divya Verma v. State 2023 SCC OnLine Del 2619; Sameena & Anr. v. State GNCT of Delhi & Anr. Crl. M.C No, 1470 of 2021, Dated 17th May, 2022 – approved. Kartarey v. State of U.P (1976) 1 SCC 172; Jayendra Vishnu Thakur v. State of Maharashtra [2009] 8 SCR 591 : (2009) 7 SCC 104; Vimlaben Ajitbhai Patel v. Vatslaben Ashokbhai Patel [2008] 4 SCR 1077 : (2008) 4 SCC 649; Raghubir Singh v. State of U.P. (1972) 3 SCC 79; Rahman v. State of U.P AIR 1972 SC 110; Matru v. State of U.P [1971] 3 SCR 914 : (1971) 2 SCC 75; State v. Dawood Ibrahim Kaskar [1997] Supp. 1 SCR 212 : (2000) 10 SCC 438; Sureshchandra Ramanlal v. State of Gujarat (2008) 7 SCC 591; State of M.P. v. Pradeep Sharma [2013] 12 SCR 772 : (2014) 2 SCC 171: ; Prem Shankar Prasad v. State of Bihar [2021] 6 SCR 1176 : (2022) 14 SCC 516; Srikant Upadhyay v. State of Bihar [2024] 3 SCR 421 : 2024 SCC OnLine SC 282 – referred to. List of Acts Penal Code, 1860; Code of Criminal Procedure, 1973; Negotiable Instruments Act, 1881 List of Keywords Proclaimed offender; Proclaimed offender status; Subsistence of the proclamation u/s.82 Cr.P.C.; Failing to appear in the court despite summons and written proclamation u/s.82 CrPC; Summoning order. [2025] 1 S.C.R. 119 Daljit Singh v. State of Haryana & Anr. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 4359 of 2024 From the Judgment and Order dated 02.06.2023 of the High Court of Punjab & Haryana at Chandigarh in CRM-M No. 5784 of 2023 Appearances for Parties Ms. Sugandh Rathor, Mayank Dahiya, Ajay Pal, Ms. Bhupinder, Advs. for the Appellant. Raj Singh Rana, A.A.G., Samar Vijay Singh, Makrand Pratap Singh, Fateh Singh, Advs. for the Respondents. Judgment / Order of the Supreme Court Judgment Sanjay Karol, J. 1. The questions arising in this appeal that assails the judgment and order dated 2nd June, 2023 passed by the High Court of Punjab & Haryana at Chandigarh in Case
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