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Showing contexts for: proclamation crpc in Smt. Kantabai vs State Of M.P. on 7 July, 2021Matching Fragments
5. On due consideration of the rival submissions and on perusal of the case diary including the documents filed by the applicant, this Court finds that, against the applicant the proclamation proceedings under Section 82 of the Code of Criminal Procedure, 1973 have already been concluded on 10.2.2020. Since it has not been challenged, it has already attained the finality and as such the correctness of the same cannot be gone into in this bail application. So far as the contentions raised by shri Rathi that an accused can be declared as proclaimed offender only in terms of s.82(4) of Cr.P.C. is concerned, this court does not find any merits in said claim, this is for the reasons that even when a proclamation is made u/s.82(1) of Cr.P.C., it is also a declaration that the accused has absconded and against whom a publication is made. The procedure adopted u/s.82(4) of Cr.P.C. is no different than the procedure adopted u/s.82(1) of Cr.P.C. The only difference is the penal provisions for the same as provided under s.174A of IPC which reads as under:-
7. Apparent from the above, the offences in the Lavesh's case were under s.498A/304B of IPC, which has also been verified by this court from the original order passed by the Delhi High court itself in the case of Lavesh vs. State NCT of Delhi, passed in Bail Application No.1602/2011 dated 05.12.2011. Interestingly, both these sections are not to be found under s.82(4) of IPC which includes sections 302, 304, 364, 367,382, 392, 393, 394, 395, 396, 397,398, 399, 400, 402, 436, 449, 459 or 460 of IPC, in such circumstances, it only leads to one and only logical conclusion that in Lavesh's case, the Supreme Court has not distinguished between a proclamation under s.82(1) of Cr.P.C. and s.82(4) of Cr.P.C. and the general principle that appears is that for the purposes of an anticipatory bail, a proclaimed offender also includes an offender or a proclaimed person against whom a proclamation u/s.82(1) of Cr.P.C. has also been issued.