Criminal Procedure Code, 1973, Section 482, 82 -- Quashing of FIR - Proclaimed offender - Mere fact that petitioner is a P.O, it does not come in his way seeking quashing of FIR as co-accused already stands acquitted by trial Court...........
Criminal Procedure Code, 1973, Section 193, 82 -- Summoning of accused and passing of proclamation order u/s 82 Cr.P.C against him - Police sought discharge of petitioner from case - Even statement of ASI is to the effect that petitioner is to be discharged from the case - Subsequently, when inquiry was conducted in the application filed on behalf of other accused, earlier..........
Criminal Procedure Code, 1973, Section 82, 299 -- Absconder - Petitioner was in custody after his arrest - He was released on interim bail - Petitioner was not in custody when application for regular bail was filed by him, as his bail was cancelled by trial Court and he was directed to surrender - But instead of surrendering, petitioner filed present application -..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Non-compliance of prescribed procedure u/s 82 of Cr.P.C - Neither satisfaction was recorded that accused absconded nor written proclamation was issued specifying time less than 30 days from date of publication of such proclamation for appearance of accused in Court - Proclamation was not published at any..........
Criminal Procedure Code, 1973, Section 73, 82 -- Non-bailable arrest warrant - Can be issued only if accused who is evading arrest is to be declared as a proclaimed offender or proclaimed absconder...........
Criminal Procedure Code, 1973, Section 73, 82 -- Non-bailable arrest warrant - When any requisition made by police before any Court for purpose of no, bailable warrant, then requisition must disclose that there is evidence to substantiate allegation that person concerned is an accused of a no, bailable offence and is evading arrest also at same time - Such requisition..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Procedure u/s 82 Cr.P.C. not followed before declaring petitioner as proclaimed offender - No service upon petitioner got effected as he was not an ordinary resident of addresses given in complaint - Moreover, petitioner already appeared before trial Court and has been granted bail - Order declaring..........
Criminal Procedure Code, 1973, Section 438, 82, Indian Penal Code, 1860, Section 307 -- Anticipatory bail - Proclaimed offender - When accused is declared proclaimed offender he should not be granted anticipatory bail...........
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 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...........