Proclaimed offender declaration requires a valid proclamation allowing at least thirty days' appearance time under CrPC

A proclamation under Section 82(1) CrPC must specify a date and place for appearance not less than thirty days from the date of publication. Where the proclamation was published on 9.2.2013 and the matter was merely fixed for 6.3.2013, the statutory minimum period was not satisfied; simply adjourning the case beyond thirty days did not cure the defect. As no valid proclamation fixing 13.3.2013 as the appearance date was shown, the declaration of the petitioner as a proclaimed offender was held illegal and was set aside.

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Issues: Whether the declaration of the petitioner as a proclaimed offender was valid when the proclamation did not allow a period of not less than thirty days from the date of publication for appearance.

Analysis: The petition under Section 482 of the Code of Criminal Procedure, 1973 challenged the order declaring the petitioner a proclaimed offender. The record showed that the proclamation was published on 9.2.2013 and the matter was fixed for 6.3.2013, which was less than thirty days from the date of publication. Section 82(1) of the Code of Criminal Procedure, 1973 requires the proclamation to specify a time and place for appearance not less than thirty days from the date of publishing the proclamation. Merely adjourning the case beyond thirty days did not amount to compliance with the statutory requirement, and there was no valid proclamation fixing 13.3.2013 as the specified appearance date.

Conclusion: The declaration of the petitioner as a proclaimed offender was illegal and was set aside. The petition was allowed.

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