Can a Proclamation Under Section 82 CrPC Be Declared Void for Procedural Defects in Notice Period?

Proclamation under Section 82 CrPC must provide a clear notice period of not less than 30 days from the date of publication, and the court must record satisfaction that the accused has absconded or is concealing himself. Non-compliance vitiates proceedings. The High Court applies and clarifies established principles, which subordinate courts must follow; the judgment quashes proceedings initiated without strict adherence to these requirements.

 

Summary

Category Data
Case Name CRM-M/18022/2025 of SURJIT KUMAR Vs M/S MAHINDRA AND MAHINDRA FINANCIAL SERVICES LTD.
CNR PHHC010514172025
Date of Registration 29-03-2025
Decision Date 28-10-2025
Disposal Nature ALLOWED
Judgment Author MR. JUSTICE SUMEET GOEL
Court High Court of Punjab and Haryana
Bench Single Bench: Hon’ble Mr. Justice Sumeet Goel
Precedent Value Binding on all subordinate courts in Punjab, Haryana, and Chandigarh
Overrules / Affirms Affirms established Supreme Court and High Court precedent (i.e., Ashok Kumar v. State of Haryana, Sonu v. State of Haryana, etc.)
Type of Law Criminal Procedure
Questions of Law Whether a proclamation under Section 82 CrPC is vitiated if the mandatory 30-day notice period or satisfaction of absconding is absent in the proclamation order.
Ratio Decidendi Mandatory compliance with Section 82 CrPC, 1973, is essential before declaring any person as a proclaimed offender or person. The Court must be satisfied from the record that the accused is absconding or concealing himself. The proclamation order must provide a notice period of not less than thirty days from the date of its publication. Any defect, including a shorter notice period or lack of satisfaction, cannot be cured by mere adjournments or subsequent orders; such orders and proceedings are void. Reliance placed on Supreme Court ruling in Ashok Kumar and relevant High Court decisions.
Judgments Relied Upon
  • Ashok Kumar v. State of Haryana and another, 2013 (4) RCR (Criminal) 500
  • Sonu v. State of Haryana, 2021(1) RCR (Criminal) 319
  • Rohit Kumar v. State of Delhi, 2008 Crl. J. 2256
  • Dilbagh Singh v. State of Punjab, 2015 (8) RCR (Criminal) 1666
  • Gurappa Guggall v. State of Mysore, 1969 CriLJ 826
  • and others as cited in the judgment.
Logic / Jurisprudence / Authorities Relied Upon by the Court Provisions are mandatory in nature with serious ramifications on the liberty of the accused; non-compliance vitiates the proceedings in entirety. The defect is not curable by subsequent adjournments; the order must strictly comply with statutory requirements at the time of issuance.
Facts as Summarised by the Court Proclamation was issued declaring petitioner a proclaimed person in a complaint under Section 138 of the Negotiable Instruments Act. Summons and warrants were not served, and there was no finding of absconding. The proclamation specified a date for appearance less than 30 days from publication, and no fresh proclamation was issued; instead, the case was merely adjourned. Petitioner challenged the order as contrary to law.

Practical Impact

Category Impact
Binding On All subordinate courts in Punjab, Haryana, and Chandigarh
Persuasive For Other High Courts, especially in analogous cases of defective Section 82 CrPC proclamations
Follows
  • Ashok Kumar v. State of Haryana and another, 2013 (4) RCR (Criminal) 500
  • Sonu v. State of Haryana, 2021(1) RCR (Criminal) 319
  • other cited authorities

What’s New / What Lawyers Should Note

  • The judgment provides a clear reiteration that the 30-day notice period under Section 82 CrPC is not a mere formality but is mandatory; any breach is fatal.
  • Courts cannot cure the defect in a proclamation by granting adjournments instead of issuing a fresh proclamation with proper notice.
  • Before issuing a proclamation, the court must record satisfaction that the accused is genuinely absconding or has concealed himself so that a previously issued warrant cannot be executed.
  • Lawyers may rely on this authority to challenge proceedings where the proclamation was not published in accordance with Section 82.
  • The summary of authorities consolidates the mandatory steps — including distinct requirements for service, waiting period, and notice — and emphasizes that all conjunctive procedures must be followed.

Summary of Legal Reasoning

  • The Court first examined whether the procedural requirements of Section 82 CrPC, 1973, were followed by the Magistrate before declaring the petitioner as a proclaimed person.
  • It relied on the Supreme Court’s decision in Ashok Kumar v. State of Haryana, which holds that the proclamation itself must provide a clear notice period of no less than 30 days from publication, and this cannot be rectified by adjournments.
  • The Court referred to principles established in Sonu v. State of Haryana and other coordinate bench decisions, summarizing that:
    • a prior arrest warrant is essential;
    • there must be a report of absconding or concealment;
    • the court must record its satisfaction as to absconding;
    • the time given for appearance must not be less than 30 days from publication;
    • all publication modes under Section 82(2) are conjunctive and must be strictly followed.
  • The High Court examined the magistrate’s record and found neither satisfaction of absconding/concealment nor compliance with the mandatory 30-day period, as well as other procedural deficiencies.
  • The judgment declared these errors to be incurable and fatal to the proceedings, vitiating the entire process under Section 82 CrPC.
  • The Court allowed the petition and quashed the impugned order and all subsequent proceedings.

Arguments by the Parties

Petitioner

  • The impugned order declaring the petitioner as a proclaimed person is illegal and unsustainable in law as the mandatory procedure under Section 82 CrPC was not adhered to.
  • Ordinary summons were never served, yet bail warrants were issued, which remained unserved; despite this, non-bailable warrants were issued and subsequently received unserved.
  • The proclamation was issued for a date less than 30 days from publication, violating Section 82.
  • No finding was recorded by the court below that the petitioner was absconding or concealing himself.
  • Instead of issuing a fresh proper proclamation, the court below merely adjourned the matter to complete the 30-day period, which is not sanctioned by law.
  • Reliance placed on Ashok Kumar v. State of Haryana to argue that these defects are not curable by adjournment or subsequent proceedings.

Respondent No. 1

  • The petition is misconceived and devoid of merits.
  • The impugned order was passed rightly following due process of law under Section 82 CrPC.
  • The petitioner, despite repeated opportunities, willfully avoided appearance before the court.
  • Ordinary summons, bailable, and non-bailable warrants were all issued on multiple occasions, but the petitioner failed to cooperate with the proceedings.
  • The proclamation issued was duly published and affixed as required by law, and reasonable opportunity was granted to the petitioner.
  • The trial court meticulously adhered to the Section 82 procedure, and the record shows no infirmity or irregularity.
  • The petitioner’s conduct establishes deliberate defiance of judicial process; therefore, the petition should be dismissed.

Respondent No. 2

No appearance.

Factual Background

A criminal complaint was filed against the petitioner under Section 138 of the Negotiable Instruments Act. The Judicial Magistrate, Ist Class, Chandigarh, issued summons, bailable warrants, and non-bailable warrants, all of which were returned unserved and without any finding of absconding or concealment. The court nevertheless issued a proclamation under Section 82 CrPC, setting an appearance date less than 30 days from publication and, rather than issuing a fresh proclamation, simply adjourned the proceedings. The petitioner challenged this process as contrary to settled law.

Statutory Analysis

Section 82 CrPC (Proclamation for person absconding):

The Court analyzed the following key statutory requirements:

  • Prior issuance of warrant of arrest is sine qua non.
  • The court must have reason to believe that the accused has absconded or is concealing himself so the warrant cannot be executed.
  • The proclamation must specify a date for appearance not less than 30 days from the date of publication.
  • Modes of publication under Section 82(2) are conjunctive and mandatory.
  • Any declaration of an accused as a proclaimed person/offender in violation of these steps is procedurally defective and void.

The Court read the provision strictly as mandatory and not directory.

Dissenting / Concurring Opinion Summary

No dissenting or concurring opinions were recorded in the judgment.

Procedural Innovations

No new procedural innovations or guidelines were introduced; the judgment strictly reaffirms and applies settled law.

Alert Indicators

  • ✔ Precedent Followed – The High Court followed and clarified existing Supreme Court and High Court precedents, reaffirming mandatory compliance with Section 82 CrPC.

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