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1 - 10 of 16 (1.01 seconds)Section 174A in The Indian Penal Code, 1860 [Entire Act]
Dr. Rohit Kumar vs Secretary Office Of Lt. Governor Of ... on 15 July, 2021
(ii) There must be a report before the Court that the person against
whom warrant was issued had absconded or had been concealing
himself so that the warrant of arrest could not be executed against
him. However, the Court is not bound to take evidence in this regard
before issuing a Proclamation under Section 82 (1) of the Cr.P.C..
(See Rohit Kumar Vs. State of Delhi: 2008 Crl. J. 2561).
Birad Dan vs The State on 18 September, 1957
(viii) The Court issuing the proclamation has to make a statement in
writing in its order that the proclamation was duly published on a
specified day in a manner specified in Section 82(2)(i) of the Cr.P.C..
Such statement in writing by the Court is declared to be conclusive
evidence that the requirements of Section 82 have been complied with
and that the proclamation was published on such day. (See Birad Dan
Vs. State: 1958 CriLJ 965).
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Devendra Singh Negi Alias Debu vs State Of U.P. And Anr. on 18 March, 1993
(xi) The conditions specified in Section 82(2) of the Cr.P.C. for the
publication of a Proclamation against 5 of 8 an absconder are
mandatory. Any non-compliance therewith cannot be cured as an
'irregularity' and renders the Proclamation and proceedings
subsequent thereto a nullity. (See Devendra Singh Negi alias Debu
Vs. State of U.P. and another: 1994 CriLJ 1783 and Pal Singh Vs.
The State: 1955 CriLJ 318)."
Sonu @ Amar vs State Of Haryana on 18 July, 2017
In Sonu Vs. State of Haryana - 2021(1) RCR (Criminal) 319,
a co-ordinate Bench of this court has summarized the law on the procedure
prescribed under Section 82 Cr.P.C., for declaring the person as proclaimed
offender. It was held as under: -