3 min readChandigarhDec 24, 2025 09:42 AM IST
First published on: Dec 24, 2025 at 09:42 AM IST
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.
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.
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