The Punjab & Haryana High Court clarifies that once an accused, previously declared a proclaimed person, surrenders, faces trial, and is acquitted, the original proclamation order and all consequential proceedings deserve to be quashed. The ruling upholds existing legal principles and serves as binding authority for subordinate courts dealing with similar circumstances in the criminal justice system.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/45303/2023 of RAMESH KUMAR Vs STATE OF HARYANA AND ANOTHER |
| CNR | PHHC011155502023 |
| Date of Registration | 06-09-2023 |
| Decision Date | 10-09-2025 |
| Disposal Nature | DISPOSED OF |
| Judgment Author | MR. JUSTICE JASJIT SINGH BEDI |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding on subordinate courts in Punjab and Haryana |
| Type of Law | Criminal Procedure – Quashing criminal proceedings under Section 482 CrPC |
| Questions of Law | Whether proceedings declaring an accused as a proclaimed person should survive after the accused surrenders, faces trial, and is acquitted. |
| Ratio Decidendi | The Court held that when an accused declared as a proclaimed person surrenders pursuant to interim directions, is granted bail, and is subsequently acquitted after facing trial, the continuance of proceedings arising from the proclamation order serves no useful purpose. Therefore, the original order declaring the accused as a proclaimed person as well as all consequential proceedings must be quashed in exercise of inherent powers under Section 482 CrPC. |
| Facts as Summarised by the Court | The petitioner was declared a proclaimed person in a criminal complaint. He surrendered in compliance with interim High Court orders, was granted bail, faced trial, and was acquitted. The State conceded to these facts, and the quashing of the proceedings was sought accordingly. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within the jurisdiction of Punjab & Haryana High Court |
| Persuasive For | Other High Courts |
What’s New / What Lawyers Should Note
- Explicit clarification that once an accused has surrendered, undergone trial, and been acquitted, the original declaration of “proclaimed person” and related proceedings will be quashed under Section 482 CrPC.
- Lawyers facing similar facts may rely on this judgment to seek quashing of proclamation orders and subsequent proceedings when their client has been acquitted post-surrender/trial.
- The judgment underscores the principle that continuation of such proceedings post-acquittal would be purposeless and an abuse of process.
Summary of Legal Reasoning
- The Court noted the admitted factual matrix: the petitioner was declared a proclaimed person, surrendered as per High Court directions, obtained bail, faced trial, and was acquitted.
- Given these circumstances, it was held that allowing the prosecution to continue based on the proclamation order serves no useful purpose.
- Therefore, in exercise of its inherent powers under Section 482 CrPC, the Court quashed the proclamation order and all further consequential proceedings.
- The reasoning follows settled legal principles that invocation of inherent powers is justified to prevent the abuse of process and to secure the ends of justice, particularly when the main criminal liability ceases with acquittal.
Arguments by the Parties
Petitioner
- Court below erred in declaring him a proclaimed person as he was not residing at the address provided by the complainant.
- No notice or summons was ever served upon him.
- Surrendered before the trial court, was granted bail, and has since been acquitted.
- Seeks quashing of the proclamation order and consequential proceedings.
State (Respondent)
- Does not dispute that the petitioner surrendered, faced trial, and has been acquitted.
Factual Background
The petitioner was declared a proclaimed person in a criminal complaint initiated against him. Contentions were that he had not been served with any notice or summons and was not residing at the address provided by the complainant. Pursuant to interim directions from the High Court, the petitioner surrendered before the trial court, was granted bail, faced trial, and was ultimately acquitted.
Statutory Analysis
- The primary statutory provision discussed is Section 482 of the Code of Criminal Procedure, 1973, which empowers High Courts to exercise inherent powers to prevent abuse of the process of any court or to secure the ends of justice.
- The Court interpreted Section 482 CrPC to mean that when the interested party (accused) has already stood trial and has been acquitted, continuation of proceedings stemming from a “proclaimed person” order is futile and unjustified.
Dissenting / Concurring Opinion Summary
No separate or dissenting opinion is recorded; the judgment is delivered by a single judge.
Procedural Innovations
The judgment reiterates that an accused can be directed to surrender and granted bail upon appearance in quashing proceedings, thereby ensuring no miscarriage of justice during the pendency of the petition.
Alert Indicators
- ✔ Precedent Followed – The judgment affirms and applies existing legal principles regarding quashing of proceedings under Section 482 CrPC post-acquittal.