Mandatory timing for criminal proclamation notices: wrong thirty-day starting point rendered the proclamation invalid and was not curable.

A proclamation under the Code of Criminal Procedure was held invalid where it required the accused to appear within thirty days from the date of the proclamation, instead of thirty days from the date of publication. The statutory requirement was treated as mandatory, so non-compliance with the correct starting point could not be treated as a mere irregularity capable of cure under the Code. The proclamation was therefore quashed, and the revision petitions were allowed.

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Issues: Whether a proclamation issued under the Code of Criminal Procedure was invalid for allowing thirty days from the date of the proclamation instead of thirty days from the date of publication, and whether the defect was a mere irregularity curable under the Code.

Analysis: The proclamation required the accused to appear within thirty days from the date of the proclamation itself, whereas the statutory requirement contemplated thirty days from the date of publication. The statutory command was treated as mandatory. Since the time allowed did not conform to the required starting point, the defect could not be regarded as a mere irregularity capable of cure under the relevant curative provision.

Conclusion: The proclamation was invalid and was quashed, and the revision petitions were allowed.

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