Criminal Procedure Code, 1973, Section 82 -- Proclamation not published as per law - Occasion for applicant being declared as proclaimed offender not yet arise...........
Criminal Procedure Code, 1973, Section 482, 82 -- Quashing of order - Order declaring accused as proclaimed offender - No intentional absence of accused from Court proceedings - Accused undertakes not to absent from Court proceedings any further - Impugned order set aside - Accused directed to appear before trial Court...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Proclaimed offender not entitled to anticipatory bail - However, in an exceptional and rare case, Supreme Court or High Court can consider plea seeking anticipatory bail, despite the applicant being a proclaimed offender, given that Supreme Court and High Courts are Constitutional Courts...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Complaint u/s 138 of N.I. Act withdrawn as parties compromised the matter - Continuation of proceedings u/s 174-A IPC is nothing but an abuse of process of law - FIR u/s 174-A IPC along with all..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Proclamation u/s 82 Cr.P.C. issued after filing of anticipatory bail application - Bar to entertain anticipatory bail application of a proclaimed offender is not attracted...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Quashing of FIR u/s 174-A IPC - There was no proclamation for the date on which accused was declared proclaimed offender - 30 days period had not elapsed from the date of publication - There is thus clear violation of S.82 Cr.P.C - FIR u/s..........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - Proclaimed offender - Neither proceedings u/s 82 Cr.P.C nor S.438 Cr.P.C impose any restriction in filing of anticipatory bail application by Proclaimed offender...........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Law as to - Proclamation should be published for the date on which person concerned is required to put in appearance/surrender before Court and on his failure to do so, he is declared a proclaimed person/offender - Date of his appearance/surrender should not be less than 30 days from the date of publication of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 82 -- Dishonour of cheque - Proclaimed offender - Merely because accused cannot be served either through ordinary summons or through bailable or non bailable warrants cannot be the basis for issuance of proclamation u/s 82 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 82 -- Dishonour of cheque - Proclaimed offender - Accused can be declared proclaimed offender when Court had reason to believe that accused against whom warrants were issued was absconding or concealing himself so that warrants could not be executed...........
