Petition to quash an order declaring the petitioner an absconder and the consequent Section 174A IPC FIR. The Court found no reasons for initiating Section 82 CrPC proceedings and no compliance with mandatory publication requirements, set aside the impugned order and quashed the FIR.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
SURAJ .....Petitioner
Through: Ms. Jyotika Kalra, Mr. Inderdeep Singh and Mr. Vishal Baliyan, Advs.
Versus
STATE OF GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Satish Kumar, APP with Ms. Niketa Manish, Adv. with SISatish Kumar, PS: Prashant Vihar
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
J U D G M E N T ( ORAL )
2. Quash the FIR no. 0564/2022 registered U/s 174A IPC at PS Prashant Vihar registered on 15.10.2022.
3. Return of the FDR forfeited vide order dated
30/07/2019.”
CRL.M.C. 6957/2022
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Statement of Process Server ASI Sanjay, No.8720/DAP, 7th Battalion, Malviya Nagar, Delhi, wherein it is recorded as under:
“On SA
I had received process U/s 82 CrPC against the accused Suraj 5/0 sh. Ramsiya,R/o H. No. 70/1/2, Marbel Market, Mangol Pur Kalan, Delhi. I had gone for execution of process U/s 82,CrPC at the above stated address of accused on 20/10/19. However,' the accused was not found there and the said premises was not completely traceable. The H.No. 70/1/2, which is mentioned above is the Khasra Number. The proclamation of process U/s 82CrPC was publicly read in the said area. A copy of the said process was pasted outside the address given on the process and a copy thereon was also pasted outside the court premises. My report on the process U/s 82 CrPC is Ex. X1, which bears my signatures at point A.”
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SCC Online SC 1 learned counsel submits that since an offence under Section 174A IPC is an independent offence which may survive notwithstanding the extinguishment of proceedings under Section 82 Cr.P.C., he seeks indulgence of this Court under its inherent jurisdiction under Section 482 Cr.P.C. for quashing FIR No.0564/2022 registered at PS Prashant Vihar.
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(supra) while dealing with the said issue of issuance of process under Section 82(1) Cr.P.C. laid down certain guidelines, which, for ease of reference, are reproduced as under:-
“Guidelines for issuance of proclamation
442. Proclamation only on deliberate concealment— The police has to submit a report before the court that the person against whom the warrant was issued, has absconded or is concealing himself.
443. Concealment has to be deliberate— The concealment has to be deliberate for the purpose of avoiding arrest. The mere fact that the police could not find the accused, is not enough.
444. Mere non-availability at address is not sufficient— Mere non-availability at the address is not sufficient unless the concealment is deliberate to avoid arrest. A person who had gone abroad before the issue of the warrant of arrest cannot be said to be absconding or concealing. However, if the accused left India before proclamation but continues to remain outside India with a view to defeat or delay the execution of the warrant, he shall be taken to be absconding.
445. Affidavit/ status report of the police-The police officer shall file an affidavit/status report to disclose the addresses and phone numbers/e-mail addresses (if available) of the accused against whom the warrants had been issued and the reasons for inability to secure the presence of the accused before the court.
446. Prerequisites to the issuance of a proclamation-Prior to issuance of a proclamation under Section 82(1)CrPC,
(i) The police officer may file an affidavit/status report disclosing:
(a) All available addresses and phone numbers/e-mail addresses (if available) of the person against whom the warrant has been issued along with proof of the said addresses, phone numbers/e-mail addresses and any other details available in the information sheet with
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underlying documents demonstrating the same. (b) Particulars of proof of service of the arrest warrant at the said address; (i) by post; (ii) by hand; (iii) mobile number; (iv) e-mail address (if any); and (v) service on a family member/neighbour along with credible proof of the same.
(c) In the event warrant has been affixed on a conspicuous part of the house where the person ordinarily resides, town/ village/ court house, the police officer must annex a picture showing that warrant has been affixed in such manner along with his affidavit. The picture must be taken in a manner that makes it clear to the court that the warrant has in fact, been affixed at the said house.
(d) Reasons for inability of the police officer in securing presence of the person against whom warrant is issued.
(ii) The court must pass an order dealing with the contents of the affidavit/status report and reasons given by the police officer for arriving at a conclusion that the person has absconded or is concealing’ himself or reasons for inability of the officer in securing presence of the person.
447. Court to record satisfaction-Under Section 82CrPC, the court issuing proclamation shall record to its satisfaction that the accused had absconded or concealed himself. The expression “reason to believe” in Section 82CrPC means that the court has to be subjectively satisfied from the materials before it that the person has absconded or has concealed.
448. Court to examine executing officer-Before issuing a proclamation, the court shall examine the officer with respect to the measures taken by him to execute the warrants.
449. Issuance of arrest warrant a precondition-Issuance of an arrest warrant and the accused found absconding, are
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preconditions for issuing proclamation. 450. NBW and Section 82CrPC not to be issued togetherSimultaneous issuance of both the processes, namely, warrant of arrest and proclamation is ex facie contradictory, since it is only after the former that the latter can be issued where the person concerned has absconded or is hiding.
451. Prerequisites to the publication of a proclamation under Section 82(2)(ii)CrPC-Prior to publication under Section 82(2)(ii)CrPC the police officer may be mandatorily required to file an affidavit disclosing: A picture showing that proclamation has been affixed in a conspicuous place of the house where the person resides. The picture must be taken in a manner that makes it clear to the court that the proclamation has in fact, been affixed at the said house; The court must pass an order dealing with the contents of the affidavit and statement of the process server along with its reasons for directing publication under Section 82(2)(ii).
452. Publication by all three modes essential-Publication by all three modes, namely; (i) public reading in some conspicuous place of the town/village in such person ordinarily resides; (ii) affixation at some conspicuous part of the house or homestead; and (iii) affixation at some conspicuous part of the court house are mandatory under Section 82(2) CrPC. The failure to comply with all the three modes of publication is to be considered invalid publication, according to law as the three sub-clauses (a) to (c) are conjunctive and not disjunctive.
453. Section 82CrPC to be read as a whole-The three clauses (a), (b) and (c) of Section 82(2)(i)CrPC are conjunctive and not disjunctive. The factum of valid publication depends on the satisfaction of each of these clauses. Clause (ii) of sub-Section (2) is optional; it is not an alternative to clause (i). The latter clause is mandatory.
454. Photograph of the affixation of proclamation-Prior to the publication under Section 82(2)(i)CrPC, the police shall file an affidavit along with the photographs of the affixation of proclamation on the conspicuous part of the resident of
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the accused. The police officer shall fill and submit performa in the format of Annexure C before the court at the stage of seeking proclamation.
455. Upon publication of the proclamation under Sections 82/ 83CrPC, copy of that newspaper be sent by the newspaper agency by post to the address of the accused as being done in Civil matters under Order 5 Rule 10 CPC.”
“NBW against accused received back unexecuted with report that address could not be located. Perusal of record shows that same address is furnished in bail bonds. It seems that accused is deliberately evading the service.
Notice to surety received back with report “incomplete address”. Surety bonds stand forfeited.
Therefore, issue process U/s 82 CrPC against the accused with directions to process server to appear in person for recording his statement qua proceedings U/s 82 CrPC on NDOH.
Issue NBWs against the surety to be executed through SHO concerned, returnable on NDOH.”
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herein. Mere failure to locate the address of the petitioner cannot, by itself, lead to an inference that the petitioner was intentionally evading the process of law. Moreover , the statement of the Process Server recorded on 21.09.2022 also reveals that the premises of the petitioner was “ not completely traceable ”.
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registered under Section 174A IPC at PS Prashant Vihar and all consequential proceedings arising therefrom, are hereby quashed.
SAURABH BANERJEE, J
MAY 22, 2026/Ab/GA
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2 issues framed by the court
Whether the order declaring the petitioner a proclaimed offender under Section 82 CrPC was validly passed without recorded reasons or compliance with mandatory publication requirements.
Whether FIR No.0564/2022 under Section 174A IPC consequent to the proclamation should be quashed.
Colour shows how this judgement treated each authority
Sunil Tyagi vs. State (NCT of Delhi)Applied¶8
Sunil Tyagi vs. State (NCT of Delhi):(2021) SCC Online Del 3597 · Who else cites this
Daljit Singh vs. State of Haryana and AnotherRelied on
Daljit Singh vs. State of Haryana and Another : 2025 SCC Online SC 1 · Who else cites this
4 provisions across 2 enactments
Suraj
State of Govt. of NCT of Delhi
Saurabh Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
