P&H: Quashes Proclaimed Person Order Over Defects In Proclamation Period between publication of proclamation and specified hearing date is less than 30 days

punjab-haryana
⚖️ Order Date: 12 Oct 2026
Headnotes

(1) Criminal Procedure Code, 1973, S.82(1) — Proclamation — Court must record proper satisfaction that person has absconded or is concealing himself so that warrant cannot be executed despite reasonable diligence — Failure to record such satisfaction violates S.82(1). (Para 8)

(2) Criminal Procedure Code, 1973, S.82 — Proclamation — Mandatory period of 30 days — Where period between publication of proclamation and specified hearing date is less than 30 days, period cannot be extended merely by adjourning case and fresh proclamation is required. (Para 9)

(3) Criminal Procedure Code, 1973, Ss.82, 382 — Proclamation — Order declaring petitioner proclaimed person quashed where trial court had failed to record satisfaction required u/s.82(1) and had not issued fresh proclamation despite period being less than 30 days. (Paras 7 to 10)


Facts of the Case

P&H: Quashes Proclaimed Person Order Over Defects In Proclamation Period between publication of proclamation and specified hearing date is less than 30 days

The Punjab and Haryana High Court has set aside an order declaring Brijesh Parashar a proclaimed person, finding that the trial court had not followed the procedure required under Section 82 of the Code of Criminal Procedure. The ruling was delivered by Justice Manisha Batra.

Parashar had approached the High Court seeking to quash both the proclaimed-person order and an FIR registered against him under Section 174-A of the Indian Penal Code. At the hearing, however, he limited his request to challenging the order declaring him a proclaimed person.

His counsel said Parashar had been unable to attend court after...

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