Proclaimed person proceedings may be quashed after surrender and bail when continued action becomes an abuse of process.

Where an accused was not served at the address where he was residing, surrendered before the trial court after learning of the proclamation order, and was granted bail, continuation of proceedings under Section 174-A IPC was treated as unnecessary and oppressive. The court view relied on the principle that once the accused has appeared before the trial court and secured bail, further proceedings for non-appearance may amount to an abuse of process. On that basis, the proclamation order and the FIR under Section 174-A IPC were quashed qua the petitioner.

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Issues: Whether the order declaring the petitioner a proclaimed person and the FIR under Section 174-A of the Indian Penal Code could be quashed after the petitioner surrendered before the trial court and was granted bail.

Analysis: The petitioner was not served at the address where he was residing and, after learning of the proclamation order, surrendered before the trial court and was released on bail. In these circumstances, continuation of proceedings under Section 174-A of the Indian Penal Code was treated as unnecessary and oppressive. Reliance was placed on the view that once the accused has appeared before the trial court and obtained bail, further criminal proceedings for failure to appear would amount to abuse of the process of court.

Conclusion: The impugned proclamation order and the FIR under Section 174-A of the Indian Penal Code were quashed qua the petitioner.

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