Criminal Procedure Code, 1973, Section 82, 83 -- Issuance of process u/s 83 Cr.P.C. - Quashing of order - Petitioner while challenging impugned order already joined trial and is released on anticipatory bail - Purpose of proceedings u/ss 82, 83 Cr.P.C. is to initiate proceeding qua accused for joining investigation - Since said purpose is already met, impugned order for..........
Criminal Procedure Code, 1973, Section 83 -- Absconder - Cancellation of attachment order - Property in question sold out before attachment - Order of attachment rightly cancelled by Court below...........
Criminal Procedure Code, 1973, Section 204(4), 82, 83 -- Complaint case - Process-fee - There is no provision analogous to S.204(5) Cr.P.C. exempting Ss.82, 83 Cr.P.C. from process-fee - Consequently Court has discretion to dismiss complaint u/s 204(4) Cr.P.C. for no, payment of process-fee to issue steps u/ss 82, 83 Cr.P.C...........
Criminal Procedure Code, 1973, Section 82, 83 -- Attachment of property - If a person is deliberately not appearing and is not complying the orders of Court despite having full knowledge about pendency of criminal case against him and who is taking advantage of situation of his residing out of India, Court can issue process u/ss 82 & 83 simultaneously for securing the..........
Criminal Procedure Code, 1973, Section 438, 82, 83, Indian Penal Code, 1860, Section 411 -- Anticipatory bail - Absconder - Prima facie case for non bailable offence u/s 411 IPC is made out against accused - Investigation and charge-sheet still pending - Accused being absconding, Court issued no, bailable warrant against accused and proceedings u/ss 82 & 83 Cr.P.C. also..........
Criminal Procedure Code, 1973, Section 73, 82, 83 -- Warrant of arrest and order of proclamation and attachment - Cannot be passed simultaneously...........
Criminal Procedure Code, 1973, Section 73, 82, 83 -- Issuance of warrant of arrest, proclamation and attachment : (i) No order of warrant of arrest can be passed without first coming to a prima facie conclusion on the basis of police report that accused person is evading arrest and to ensure his presence such order is needed to be passed; (ii) Issuance of proclamation..........
Criminal Procedure Code, 1973, Section 82, 83, 84 -- Absconding person - Attachment of property - Procedure for - Held, after issuance of proclamation u/s.82 Cr.P.C., Court can proceed to attach property of accused u/s.83 Cr.P.C. - S.84 Cr.P.C. makes it clear that objections to the effect that property does not belong to accused can also be raised within six months after..........
Criminal Procedure Code, 1973, Section 82, 83 -- Absconding accused - Attachment of property - Held, if proclamation u/s.82 Cr.P.C. is not affixed at some conspicuous part of house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village, then no order u/s.83 can be passed...........
Criminal Procedure Code, 1973, Section 82, 83, Indian Penal Code, 1860, Section 174A -- Two categories of proclaimed offenders - Different punishment prescribed - Held, simultaneous reading of S.82 Cr.P.C. and S.174-A IPC would clearly point to the situation where persons against whom proclamation is issued u/s 82(1) Cr.P.C. would be divided into two categories - First..........
