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Delhi High Court

Courts Need Cogent Grounds Before Declaring Accused Absconders

The Delhi High Court has quashed a prosecution for failing to appear, finding that the accused had been declared an absconder after court processes were repeatedly sent to addresses that the record showed he did not occupy.

In Tajinder Mohan Singh v State, pronounced on 9 October 2026, the Court directed trial courts to record cogent, objective reasons before treating an accused as absconding or proclaiming an offender. Courts must scrutinise service and warrant reports, seek evidence where an address is doubtful, and personally assess the material.

The complainant should provide verified physical and electronic service details. The ruling stresses that coercive procedure cannot substitute for proof that service was genuine and avoidance deliberate.

Explore topicsCriminal Law
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