Non-Appearance Before Court -- Service at Address Where Accused Does Not Reside -- Invalid service, offence under Section 174A IPC not attracted
(i) Indian Penal Code, 1860, S.174A -- Non-Appearance Before Court -- Service at Address Where Accused Does Not Reside -- Summons, warrants or proclamation directed to a place where the person does not ordinarily reside do not constitute valid service, execution or publication -- Failure to appear pursuant to such invalid process does not attract the offence of non-appearance in response to proclamation. (ii) Code of Criminal Procedure, 1973, S.82 -- Proclamation as Absconder -- Satisfaction Required Under Section 82 CrPC -- Satisfaction that an accused is deliberately avoiding service must be objective, based on the presiding judge’s personal examination of reports submitted by the process server or police official -- Heavy pendency of cases cannot justify declaring an accused an absconder in the absence of cogent grounds showing deliberate avoidance.
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