Criminal Procedure Code, 1973, Section 82, 83 -- Proclaimed offender - Power to declare an accused as absconding is not merely administrative in character but is imbued with serious legal consequences and therefore its invocation must be preceded by demonstrable adherence to safeguards envisaged under Cr.P.C...........
Criminal Procedure Code, 1973, Section 82, 83 -- Proclaimed offender - Record prima facie does not reflect that all reasonable and efficacious steps to secure presence of petitioner were exhausted before resorting to proceedings u/ss 82, 83 Cr.P.C. - Petitioner shall present himself before trial Court and seek bail and upon appearance of petitioner, proceedings initiated..........
Criminal Procedure Code, 1973, Section 82 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.84) - Proclaimed offender - Petitioner has immediately moved the present petition showing his inclination to submit himself before trial Court when petitioner came to know about passing of order declaring him proclaimed offender - He can be given one chance to appear before trial..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Petitioner was declared proclaimed offender without affording her prerequisite time period of 30 days to appear before trial Court - Requisite procedure as mandated by S.82 Cr.P.C. was not completely followed in letter and spirit - Continuation of proceedings would be an abuse of process and deserve to be quashed..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Person cannot be said to `abscond' or `evade' the execution of warrant when he had gone to a distant place before issuance of warrant...........
Criminal Procedure Code, 1973, Section 82, 105 -- Proclaimed offender - Petitioner was at Canada at the time when non-bailable warrants and even proclamation was issued against him which were received back unserved - No effort was made to effect personal service of petitioner through embassy of India located in concerned Country where petitioner was residing at the..........
Criminal Procedure Code, 1973, Section 82, 83, 84 -- Attachment of property of accused - Objections - Objections to the effect that property does not belong to accused can also be raised within six months from the date of such attachment - However, it does not bar raising of objection prior to attachment...........
Criminal Procedure Code, 1973, Section 82, 83, 84 -- Attachment of property of accused - Objections - If a third party raises an objection prior to attachment of property, Court has to decide the same and if Court comes to conclusion that property does not belong to accused, Court can pass an order, either declining to attach property or withdraw attachment order...........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Court issued proclamation straight away without recording any reasons to indicate that petitioner has absconded or is concealing himself from process of law - Conspicuously, no summons or bailable warrants were issued prior to issuance of proclamation - Presence of accused first ought to have been secured by..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Proclamation issued by trial Court without recording reasons of its belief that petitioner has absconded or is concealing himself - Court is first required to record its satisfaction before issuance of process u/s 82 Cr.P.C - Non-recording of satisfaction itself makes such order suffering from incurable..........
