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..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Sole purpose of issuance of non-bailable warrants or issuance of proclamation is to secure presence of accused before trial Court - Since petitioner has himself come forward and has undertaken to appear before trial Court on each and every date of hearing, order declaring petitioner as proclaimed person as..........
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 - Non-recording of satisfaction itself makes such order suffering from incurable illegality and renders the proclamation and proceedings subsequent thereto a nullity...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Sole purpose of issuance of non-bailable warrants or issuance of proclamation is to secure presence of accused before trial Court - Since petitioner has himself come forward, order declaring petitioner as proclaimed person set aside...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed person - Petitioner remained absent on a particular date and she was declared proclaimed person - Reason for non-appearance is her unawareness of date fixed for her appearance - However, she is now ready and willing to join proceedings - Order declaring petitioner as proclaimed person set aside subject to costs of..........
Indian Penal Code, 1860, Section 174A -- Proclaimed offender - Main criminal trial stands concluded wherein petitioner has been acquitted so the continuation of proceedings to FIR in question are nothing but an abuse of process of Court - FIR u/s 174-A IPC quashed subject to payment of costs of Rs.35,000/-...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proclaimed offender - Petitioner is seeking one chance to join proceedings before trial Court by abiding to terms and conditions - Paramount consideration of Court is to secure presence of accused on each and every date for speeding up trial for its final conclusion - Order declaring petitioner as..........
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 - Non-recording of satisfaction itself makes such order suffering from incurable illegality and renders the proclamation and proceedings subsequent thereto a nullity...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Sole purpose of issuance of non-bailable warrants or issuance of proclamation is to secure presence of accused before trial Court - Since petitioner has himself come forward and has undertaken to appear before trial Court on each and every date of hearing, order declaring petitioner as proclaimed person and..........
