Strict compliance with proclamation procedure under Section 82(2) CrPC is mandatory before declaring a proclaimed offender.

Strict compliance with every mandatory mode of publication under Section 82(2) CrPC is required before a person can validly be declared a proclaimed offender, and before penal consequences under Section 174-A IPC can follow. Here, the proclamation report showed affixation at the residence, a conspicuous place and the court premises, but did not disclose public reading of the proclamation in a conspicuous place of the town or village where the accused ordinarily resided. Because the statutory requirements are cumulative and mandatory, incomplete compliance rendered the proclamation order unsustainable and the consequential FIR and later proceedings liable to be quashed.

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Issues: Whether the proclamation order declaring the petitioner a proclaimed offender and the consequential FIR under Section 174-A of the Indian Penal Code, 1860 were liable to be quashed for non-compliance with the mandatory requirements of publication under Section 82(2) of the Code of Criminal Procedure, 1973.

Analysis: The jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 was invoked to test whether the executing officer and the Magistrate had strictly complied with every component of the mode of publication prescribed in Section 82(2) of the Code of Criminal Procedure, 1973. The report relied upon by the Magistrate showed affixation of copies at the residence, a conspicuous place, and the court premises, but it did not disclose public reading of the proclamation in some conspicuous place of the town or village where the accused ordinarily resided. The statutory requirements were held to be cumulative and mandatory, and incomplete compliance could not validly found a declaration of proclaimed offender or the consequential penal action under Section 174-A of the Indian Penal Code, 1860.

Conclusion: The proclamation order was unsustainable for breach of the mandatory procedure under Section 82(2) of the Code of Criminal Procedure, 1973, and the consequential FIR and subsequent proceedings were liable to be quashed.

Final Conclusion: The petitioner was granted relief and the impugned criminal proceedings were set aside for want of complete compliance with the statutory proclamation procedure.

Ratio Decidendi: A declaration of proclaimed offender and liability under Section 174-A of the Indian Penal Code, 1860 can arise only upon strict and cumulative compliance with all mandatory modes of publication prescribed in Section 82(2) of the Code of Criminal Procedure, 1973.

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