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Sunil Tyagi v. Govt. (NCT of Delhi) (2021)

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Case Brief

Petitioner: Sunil Tyagi

Respondent: Govt. NCT of Delhi & Anr.

Date of Judgement: June 28, 2021

CRL. M.C. – 5328/2013

CRL. M.C. – 4438/2013

Citation: 2021 SCC OnLine Del 3597

Bench / Coram: Hon’ble Mr. Justice J.R. Midha.

Statutes Referred:

Constitution of India, 1950

The Code of Criminal Procedure, 1973

The Indian Penal Code, 1860

The Passport Act, 1967

Cases Referred:

Inder Mohan Goswami v. State of Maharashtra

Raghuvansh Dewanchand Bhasi v. State of Maharashtra

State of Maharashtra v. Dawood Ibrahim Kaskar

Lallan Singh v. State of UP

Judgement:

Hon’ble High Court of Delhi has held that the if a person has been declared as a Proclaimed Offender, then it is the duty of the State to make all reasonable efforts to arrest him and attach his properties as well as launch prosecution under Section 174A of the Indian Penal Code, 1860.

This Court is of the view that “declaring a person as a Proclaimed Offender leads to a serious offence under Section 174A IPC which is punishable for a period upto 3 or 7 years. It affects the life and liberty of a person under Article 21 of the Constitution of India and it is necessary to ensure that the process under Sections 82 and 83 CrPC is not issued in a routine manner and due process of law is followed.”

The second important aspect is that once a person has been declared as a Proclaimed offender, it is the duty of the State to make all reasonable efforts to arrest him and attach his properties as well as launch prosecution under Section 174A IPC.

Drafted By – Abhijit Mishra