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Chandigarh Court acquits man declared proclaimed offender due to procedural lapses

The court while acquitting cited inherent defects in the prosecution case and non-compliance with Section 195 of the Code of Criminal Procedure (CrPC).

3 min readChandigarhDec 24, 2025 09:42 AM IST

In the approximately 10-second video, the doctor is heard telling the patient, “You are merely four years elder to me”. The video also shows Narula moving away from the patient’s bed.

A Chandigarh district court has acquitted a Mohali resident in a case of proclaimed offender (PO) registered under Section 174-A of the Indian Penal Code (IPC), after noting that the prosecution failed to follow the mandatory legal procedure required for initiating criminal action against such individuals.

The order has been passed by the Court of Kuldeep Singh, JMIC (Judicial Magistrate First Class), which acquitted Vikas Walia, a resident of Mohali, in an FIR dated January 18, 2020, registered at the police station in Sector 36, Chandigarh.

The court while acquitting cited inherent defects in the prosecution case and non-compliance with Section 195 of the Code of Criminal Procedure (CrPC).

According to the prosecution, the FIR was registered after Walia was declared a proclaimed person in a complaint case under Section 138 of the Negotiable Instruments Act. Acting on an order passed by a Judicial Magistrate on January 18, 2020, police registered a case under Section 174-A IPC (non-appearance in response to proclamation) alleging that the accused had failed to appear before the court despite due process.

During the trial, the prosecution examined three witnesses, including the investigating officer, and relied on documentary evidence such as the court order declaring the accused a proclaimed person, arrest memo, and certified copies of proceedings. Walia, however, denied the allegations and claimed that he had never been properly served with court summons or proclamation notices.

After examining the evidence, the court observed that the Section 195 of CrPC mandates that cognisance of an offence under Section 174-A IPC can only be taken on a written complaint by the concerned public servant, which is the court before which the accused failed to appear.

The court noted that instead of filing a proper complaint, the procedure adopted involved typing a complaint through the investigating officer and getting it signed by a magistrate, which was held to be legally impermissible.

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The court relied on multiple rulings of the Punjab and Haryana High Court, including Ajay Kumar vs State of Haryana and Pardeep Kumar vs State of Punjab, which clearly lay down that non-compliance with the Section 195 of CrPC creates an embargo on prosecution.

The court further noted that the prosecution failed to prove that summons, bailable warrants, non-bailable warrants, and proclamation were duly served and published as per law.

In view of the inherent defect in the prosecution case and lack of compliance with mandatory legal provisions, the court acquitted the accused from the charges.

Accordingly, the court acquitted Walia from the case, with his bail bonds ordered to be discharged. Further, he will be released from custody if not required in any other case, the order added.

Jagpreet Singh Sandhu

Jagpreet Singh Sandhu is a Senior Correspondent at The Indian Express, based in Chandigarh. He is a veteran reporter with over a decade of experience, specializing in legal, crime, and environmental reporting across the tri-city area (Chandigarh, Mohali, and Panchkula). Professional Background Core Beat: He primarily covers the Punjab and Haryana High Court, District Courts, CBI Courts, and Consumer Commissions. His legal reporting is known for breaking down complex judgments and tracking long-standing criminal cases. Environmental Reporting: Jagpreet has become a key voice in reporting on the deteriorating air quality and weather patterns in the Punjab-Haryana region. Crime & Technology: He frequently reports on cybercrime, digital arrest scams, and the intersection of technology and law enforcement, such as the development of citizen-centric policing apps. Recent Notable Articles (Late 2025) His late 2025 coverage has focused on significant judicial verdicts, major financial scams, and public health concerns: 1. Legal & CBI Court Verdicts "12 years on, CBI court acquits Haryana judge, parents in wife’s death case" (Dec 17, 2025): Detailed coverage of the acquittal of a judicial officer in a high-profile dowry death case from 2013. "‘Wicked & evil mind’: Court gives man 30-year term for kidnapping, sexually assaulting 8-year-old" (Dec 16, 2025): A report on a stern judgment from a Chandigarh district court in a POCSO case. "Man acquitted in rape case after victim found ‘very happy’ in wedding reception" (Dec 9, 2025): Covering a unique legal observation regarding consensual relationships and age verification. 2. Investigative & Scams "CBI registers FIR in Rs 1.14-cr Patient Welfare Grant scam at PGIMER" (Dec 19, 2025): An exposé on how funds meant for poor patients were siphoned off through forged documents and a photocopy shop inside the PGIMER campus. "Month-long torture, Rs 85 lakh transfers: How ‘Innocence Certificate’ led to a ‘digital arrest’ of an elderly couple" (Dec 12, 2025): Detailing a sophisticated cyber fraud targeting senior citizens in Chandigarh. 3. Environment & Public Safety "Panchkula air turns ‘very poor’, fourth worst in country" (Dec 22, 2025): Reporting on the sudden spike in pollution levels in Panchkula compared to neighbouring cities. "Soon, you can snap that overspeeding car, and report to Chandigarh Police" (Dec 16, 2025): Breaking news on a new mobile application being developed to allow citizens to report traffic violations via geo-tagged photos. 4. Gangster Culture & Crime "City Beautiful in the crosshairs of gangsters" (Dec 14, 2025): A feature analysis of how Chandigarh has increasingly become a staging ground for extortion and rivalries between gangster modules. "Shooters wanted for Parry murder held by Delhi Police Special Cell" (Dec 18, 2025): Following the developments in a high-profile murder case in Chandigarh’s Sector 26. Signature Style Jagpreet is recognized for his tenacious follow-up on cold cases and his ability to report on courtroom drama with a focus on victim rights. His work often highlights administrative lapses, whether in the handling of patient welfare funds or the enforcement of environmental standards. ... Read More

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