Absconding Accused Declared As 'Proclaimed Offender' Cannot Maintain Quashing Petition Through Power Of Attorney: Uttarakhand High Court

The Uttarakhand High Court has held that an accused who has been declared a proclaimed offender and against whom a lookout circular has been issued cannot maintain a petition under Section 482 CrPC through a power of attorney holder. The Court observed that it would not exercise its extraordinary or inherent jurisdiction in favour of an individual who is intentionally evading the process of law and is absconding.Justice Rakesh Thapliyal was hearing a petition filed by Rakesh Mehra through his power of attorney holder seeking quashing of proceedings arising out of an FIR registered in 2022. The case arose from business transactions between firms owned by Mehra and Divya Pharmacy/Patanjali Ayurveda Limited. The Court noted that Mehra did not join the investigation despite notices under Section 41A CrPC, non-bailable warrants were issued against him, he was declared a proclaimed offender, and a lookout circular was also issued.The Court observed that when the Code requires the appearance of an accused, it is no compliance if a power of attorney holder appears for him. The Court observed that an accused who has been declared a proclaimed offender cannot seek quashing of criminal proceedings without surrendering, and such an accused cannot execute a power of attorney in favour of a holder to invoke the jurisdiction of the High Court under Section 482 CrPC.“… the court will not exercise its extraordinary or inherent jurisdiction in favour of an individual, who is intentionally evading the process of law and is absconding, or has been declared a proclaimed offender and such an accused person cannot execute a power of attorney in favour of a power of attorney holder to invoke the jurisdiction of the High Court under section 482 of the Cr.P.C.,” the Court observed. The Court further noted that neither the lookout circular nor the declaration of proclaimed offender had been challenged. It also observed that despite an earlier order enabling him to join the trial proceedings, Mehra had not appeared before the Trial Court. Rejecting the contention that an affidavit sworn by him at Hong Kong cured the defect, the Court held that such an affidavit could not overcome the issue of maintainability.The Court also found that the investigation had yielded documentary material, including audit reports and other documents, sufficient to proceed with the trial. It observed that the existence of commercial relations or contractual arrangements does not by itself exclude criminal liability and that it could not meticulously appreciate evidence or adjudicate upon its probative value in proceedings under Article 226 or Section 482 CrPC.Accordingly, finding no merit in the petitions, the Court dismissed both petitions and directed the Trial Court to proceed with the trial in accordance with the law.Case Title: Rakesh Mehra v. State of Uttarakhand & Ors. [Criminal Misc. Application No. 135 of 2024]Click Here To Read/Download Order

Absconding Accused Declared As 'Proclaimed Offender' Cannot Maintain Quashing Petition Through Power Of Attorney: Uttarakhand High Court

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Absconding Accused Declared As 'Proclaimed Offender' Cannot Maintain Quashing Petition Through Power Of Attorney: Uttarakhand High Court

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