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1 - 9 of 9 (1.03 seconds)Section 392 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 174A in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure, 1973
Section 281 in The Indian Penal Code, 1860 [Entire Act]
Uttar Pradesh State Road Transport vs Gajraj Singh & Ors. on 26 August, 2008
10. In the present matter, during investigation vide order dated
14.05.2015, accused Sunil was declared Proclaimed Offender due to his
non joining the investigation, on the basis of report of process server. The
said order is a conclusive proof of the fact that the proclamation was duly
published. Reliance being placed upon a case decided by Hon'ble
FIR No. 259/2014 PS: ODRS State Vs Narender Singh & Ors. Page No. 7 /9
Rajasthan High Court titled as State Vs. Gajraj (AIR 1953) Rajasthan 65
wherein it was held that as per Section 82 (3) Cr.P.C a statement in writing
before the Court to the effect that proclamation was duly published on a
specified day in the manner specified in Clause (i) of sub Section (2) shall
be conclusive evidence that the requirements of Section 82 Cr.P.C have
been complied with. Accordingly, in the present case with the order of the
Court dated 14.05.2015 it became conclusively proved that process U/s 82
Cr.P.C was duly executed. In the present case all the ingredients of offence
punishable U/s 174-A IPC have been duly proved, hence accused Sunil is
convicted for commission of offence U/s 174-A IPC.
Sh. Satish Mehra vs Delhi Administration & Anr on 31 July, 1996
6. It was held by Hon'ble Supreme Court of India in case titled "Satish
Mehra vs. Delhi Administration & Anrs." reported as 1996 JCC 507,
that "In case where there is no prospect of the case ending in conviction,
the valuable time of the court should not be wasted for holding a trial only
for the purpose of formally completing the procedure to pronounce the
conclusion on a future date". Thus, PE was closed. Since nothing
incriminating has come on record against the accused persons, as such,
recording of statement of accused persons is also dispensed with, however,
statement of accused Sunil has been recorded under Section 281 of Cr. PC
qua offence under Section 174A of IPC.
Section 82 in The Code of Criminal Procedure, 1973 [Entire Act]
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