Criminal Procedure Code, 1973, Section 82 -- Proclamation - Non-compliance of mandatory provision of S.82 Cr.P.C - Statement of executant police official was on a printed proforma instead of same having been recorded in Court, which raises doubt about compliance of S.82 Cr.P.C - Order declaring accused as proclaimed person set aside...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Accused himself came forward and has undertaken to appear before trial Court on each and every date - Sole purpose of issuance of non-bailable warrant or issuance of proclamation is to secure presence of accused before trial Court - Order declaring accused as proclaimed offender set aside...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Conditions specified in S.82(2) Cr.P.C for publication of a proclamation against an absconder are mandatory - Any non-compliance therewith cannot be cured as an irregularity and renders the proclamation as 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 accused have themselves come forward and have undertaken to appear before trial Court on each and every date, order declaring accused as proclaimed offender set aside...........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - 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 which renders the proclamation and proceedings subsequent thereto a nullity - Order of..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Court is first required to record its satisfaction before issuance of process u/s 82 Cr.P.C and non-recording of satisfaction itself makes such order suffering from incurable illegality...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Conditions specified in S.82(2) Cr.P.C for publication of a proclamation against an absconder are mandatory - Any non-compliance therewith cannot be cured as an irregularity and renders the proclamation as nullity...........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - Proclaimed offender - Provisions of S.82 Cr.P.C do not create an embargo on the power of High Court to grant anticipatory bail to a proclaimed person...........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - Proclaimed offender - Petitioner has shown sufficient cause for her absence from the Court - Moreover, provision of S.82 Cr.P.C do not create an embargo on the power of High Court to grant anticipatory bail to a proclaimed person - Anticipatory bail granted to petitioner...........
Criminal Procedure Code, 1973, Section 82 -- Proclamation not published as per law - Occasion for applicant being declared as proclaimed offender not yet arise...........
