Courts Should Not Waste Undue Time Chasing Absconding Accused: P&H High Court

The Punjab and Haryana High Court has set aside an order declaring a woman residing in the United States as a “proclaimed person” in a criminal case, while granting her one opportunity to appear before the trial court and participate in proceedings, subject to payment of Rs.50,000 costs. [2026 LiveLaw (PH) 234]

Justice Sanjay Vashisth said, "Primary object of every Court is only to examine the commission of crime in question before it viz-a-viz the person/accused, who is subjected to such proceedings, and if possible justice be imparted at the earliest without unnecessary delay. It is not expected that undue time would be devoted in securing the presence of absconded accused and also to waste energy by enforcing the special mechanism to arrest such accused."

The petitioner, Paramjit Kaur, approached the Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of a 2013 order passed by the Sub-Divisional Judicial Magistrate, Sultanpur Lodhi.

She had been declared a proclaimed person in an FIR registered in 2011 under offences including cheating, forgery, bigamy and criminal conspiracy.

It was argued that the petitioner has been residing in the United States since 2000 and was never aware of the proceedings. Her counsel contended that no steps were taken by the authorities to serve summons or warrants upon her abroad in accordance with the prescribed procedure.

While the Court did not delve into the legality of the proclamation order in detail, it took note of the petitioner's willingness to appear before the trial court and participate in the proceedings.

Balancing Presence Of Accused & Trial Efficiency

Referring to its earlier decisions, the Court emphasised that ensuring the presence of the accused is paramount for expediting trials. It added that intentional or unintentional absence can be addressed on a case-to-case basis, including by imposing appropriate costs.

"Intentional or unintentional default of the accused can be dealt with by examining the facts from case to case involved, and where it is realised that absence or prolonged absence of such accused is intentional to evade the process of law, he/she can be penalized examining the nature of crime in which he is facing the proceedings and thereupon by imposing some cost amount subject to his/her capacity to pay," the Court added.

The Bench also observed that once the petitioner became aware of the proclamation order, she promptly approached the Court, indicating her intention to submit to the jurisdiction of the trial court.

Allowing the plea, the Court said that, "I am of the view that the petitioner can be given one chance to appear before the trial Court, so that proceedings may restart and continue in smooth manner."

Mr. Sartaj Singh Gill, Advocate, for the petitioner(s).

Mr. Manjinder Singh Bhullar, DAG, Punjab.

Title: Paramjit Kaur v. State of Punjab and another

Click here to read order