Mandatory 30-day notice under Section 82 CrPC invalidates defective proclamation and quashes consequential Section 174A proceedings.

Section 82 of the Code of Criminal Procedure, 1973 requires a proclamation to specify a place and time for appearance at least thirty days from publication. Where publication was made only one day before the nominated date, the mandatory minimum period was not met, and a later adjournment could not cure the defect. As the proclamation proceedings were not in accordance with law, the declaration of the accused as a proclaimed offender could not stand, and the FIR under Section 174A of the Indian Penal Code was quashed.

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Issues: Whether proclamation proceedings were vitiated for not affording the accused a clear period of 30 days to appear after publication of proclamation, and whether the consequent order declaring the petitioner a proclaimed offender and the FIR under Section 174A of the Indian Penal Code could be quashed.

Analysis: Section 82 of the Code of Criminal Procedure, 1973 mandates that the proclamation must require appearance at a specified place and time not less than thirty days from the date of publication. The publication in this case was effected only one day before the nominated date of appearance, so the statutory minimum period was not complied with. Subsequent adjournment of the matter could not cure the defect. The proclamation proceedings were therefore not in accordance with law, and the foundation for action under Section 174A of the Indian Penal Code was unsustainable.

Conclusion: The proclamation order was set aside and the FIR under Section 174A of the Indian Penal Code was quashed in favour of the petitioner.

Ratio Decidendi: A proclamation under Section 82 of the Code of Criminal Procedure, 1973 is valid only if the accused is given at least thirty days from publication to appear, and non-compliance with that mandatory period invalidates consequential proceedings under Section 174A of the Indian Penal Code.

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