Court finds failure in procedural service requirements for proclamation; directs Popli to appear before Trial Court within four weeks.
In a significant ruling, the Delhi High Court has quashed the proclamation proceedings against Manish Popli, an Australian citizen accused of serious criminal charges, including rape and criminal intimidation. The High Court set aside the order dated December 13, 2019, which declared Popli a proclaimed person, as well as the consequential issuance of a Look-Out Circular (LOC) against him.
Presiding over the case, Justice Dr. Swarana Kanta Sharma highlighted that the investigating agency failed to adhere to the legal requirements mandated under Sections 82 and 83 of the Criminal Procedure Code (Cr.P.C.) for serving summons or warrants, particularly given Popli's residence abroad. The court found that the lack of proper service and the concealment of Popli's residential address in Australia vitiated the proclamation proceedings.
The court noted that despite Popli's continuous communication with the investigating officers and his compliance with notices through electronic means, he was wrongfully declared a proclaimed person. The judgment underscored that the initiation and culmination of the proclamation proceedings were unsustainable in law, especially since the investigating agency did not take necessary steps to serve him through recognized channels like the Ministry of External Affairs.
The judgment further criticized the lack of disclosure to the court regarding Popli's status as a proclaimed person during the proceedings of his earlier writ petition. The court observed that this non-disclosure amounted to material concealment, adversely affecting Popli's rights.
As a result, the court quashed the LOC and any coercive measures arising from the proclamation proceedings, directing Popli to appear before the concerned trial court within four weeks to join the proceedings in accordance with the law. This decision marks a critical examination of procedural lapses in international service of legal documents and reinforces the necessity of adhering to due process.
Bottom Line:
Proceedings under Section 82 of the Cr.P.C. and declaration of proclaimed person must strictly adhere to legal requirements. Failure to serve summons properly and lack of disclosure of the accused's residence abroad vitiates such proceedings.
Statutory provision(s):
Criminal Procedure Code, 1973 Sections 82, 83, 299, 482, 156(3), 160, Indian Penal Code, 1860 Sections 376, 506, 384, 120B.
Manish Popli v. Central Bureau of Investigation, (Delhi) : Law Finder Doc id # 2871741
