Proclamation proceedings under CrPC Sections 82/83 require strict statutory preconditions; absent warrant failure, they cannot stand.

Proclamation and attachment under Sections 82/83 CrPC are exceptional coercive measures and can be issued only when the court has reason to believe that the accused has absconded or is concealing himself and that the warrant cannot be executed. On the facts noted, the record did not show satisfaction of these statutory preconditions, and the court proceeded without properly considering the warrant report. The Delhi HC therefore treated the non-compliance as a violation of procedure established by law and held the initiation of proceedings against the company unsustainable, quashing the proclamation proceedings.

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Issues: Whether proceedings under Sections 82/83 of the Code of Criminal Procedure, 1973 could be initiated against a company in the absence of material showing that the warrant had failed for reasons attracting the statutory preconditions for proclamation.

Analysis: Proclamation and attachment are exceptional coercive measures and can be invoked only when the Court has reason to believe that the person against whom warrant has been issued has absconded or is concealing himself and the warrant cannot be executed. A company, as such, does not abscond in the ordinary sense, and the record showed that the Court had proceeded without noticing the warrant report. The statutory safeguards for issuing proclamation were therefore not satisfied, and such non-compliance was treated as a violation of procedure established by law.

Conclusion: The initiation of proceedings under Sections 82/83 of the Code of Criminal Procedure, 1973 was held unsustainable and was quashed in favour of the petitioner.

Ratio Decidendi: Proclamation under Sections 82/83 of the Code of Criminal Procedure, 1973 can be issued only on satisfaction of the statutory preconditions of absconding or concealment and failure of execution of warrant; absent such compliance, the proceedings are invalid.

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