- (1.) The petitioner has sought quashing of the order dated 23.3.2011 vide which the petitioner was declared as Proclaimed Offender.
(2.) The learned counsel for the petitioner has urged that the process followed by the trial court to declare the petitioner as proclaimed offender is not correct. He having not committed any offence as mentioned in Section 82 (4) of the Cr. P. C. could not be declared as proclaimed offender.
(3.) In this regard before settling the proposition it would be appropriate to observe that the words "proclaimed offender" and "proclaimed person" are not defined in the Code except in Section 40 (2) (ii). From this bare provision it transpires that the word "proclaimed offender" includes the proclaimed person but the word "proclaimed person" does not include the "proclaimed offender". Actually this difference has been created for prescribing different parameters qua quantum of sentence in case of these two categories of persons. Section 174 (A) of the Indian Penal Code, by way of amendment Act No. 25 of 2005, prescribing the sentence for such offenders reads as under:- "174A. Non-appearance in response to a proclamation under section 82 of Act 2 of 1974 Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 82 of the Code of Criminal Procedure, 1973 shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has been made under sub-section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine. " ;