‘Waste of energy’: Punjab and Haryana High Court quashes ‘proclaimed person’ order against woman

Justice Sanjay Vashistha said that Intentional or unintentional default of the accused can be dealt with by examining the facts of each case involved.

The order added that it is not expected that undue time would be devoted to securing the presence of the absconded accused, and also to waste energy by enforcing the special mechanism to arrest such an accused.

A “proclaimed person” is an individual formally declared by a court, under Section 82(1) of the Criminal Procedure Code (CrPC), to be absconding or hiding to evade an arrest warrant.

Criminal case of 2016 and absence from trial

The petitioner-woman approached the high court under Section 528 of the BNSS to quash an order of May 2025 issued by the Chief Judicial Magistrate, Jalandhar. This order had declared her a proclaimed person in connection with a 2016 FIR involving charges under Sections 294, 506, and 427 of the IPC.

Appearing for the petitioner, advocate Divyansh Vats argued that the petitioner had been appearing before the said court; however, due to certain unfortunate personal and family circumstances, she could not continue regular appearances.

He argued that the petitioner was initially granted anticipatory bail in October, 2019. Thereafter, due to the death of the petitioner’s mother, she could not appear before the court and was declared a proclaimed offender.

“Petitioner, being declared a Proclaimed Person, apprehends her arrest. She is, however, ready and willing to surrender before the trial court and join the proceedings in the aforesaid case to facilitate its early conclusion,” he submitted.

Representing the state, Deputy Attorney General Manjinder Singh Bhullar submitted that the petitioner has willfully remained absent from the proceedings of the trial court and thus does not deserve any sympathy. He added that the petitioner should be directed to surrender before the court and to face trial.

Court’s findings

• It is evident that the petitioner is inclined to join the process of law, and by way of the present petition, she is seeking one chance to join the proceedings before the trial court, by abiding by the terms and conditions.
• In a number of cases, where the accused stopped appearing in criminal cases, the courts are compelled to declare the accused as ‘proclaimed person/proclaimed offender’.
• After examining the facts, this court has formulated a uniform method to ensure the presence of the accused before the concerned Court, to enable it to proceed further instead of delaying the proceedings by awaiting the presence of the accused.
• Intentional or unintentional default of the accused can be dealt with by examining the facts from case to case involved.

• And where it is realised that the absence or prolonged absence of such an accused is intentional to evade the process of law, he/she can be penalised, examining the nature of the crime in which he is facing the proceedings, and thereupon by imposing some cost amount subject to his/her capacity to pay.
• In the totality of circumstances, the petitioner may be granted one opportunity to appear before the trial court so that the proceedings can recommence and continue smoothly.
• This order shall be subject to the payment of Rs 25,000 as costs, to be deposited by the petitioner in an old age home of the area, as may be decided by the trial court.