This Criminal Miscellaneous Petition has been filed invoking the
jurisdiction of this Court under Section 482 of the Code of Criminal Procedure
with a prayer ... where under the learned Judicial
Magistrate directed to issue proclamation under Section 82 of Cr.P.C. without
execution report of warrant of arrest
Learned counsel for the petitioner submits that the proclamation under
Section 82 of Cr.P.C. has been issued vide order dated 27.04.2022 without
following ... without any
information available in the record that the proclamation under Section 82
Cr.P.C. was ever made, passed order for attachment
Kumar @ Malhi was apprehended. He arrested him under Section 41 .1(C) Cr.P.C .
vide arrest memo Ex.PW1A/A. The personal search ... Chanderhas arrested him under Section 41 .1(C) Cr.P.C . having
informed him about the proclamation order and conducted his personal search.
13. Thereafter
been filed before this Court prior to issuance of proclamation under section 82 Cr.P.C. The proclamation u/s 82 ... before the Sessions Court and was rejected on 30.4.2022 and proclamation under section 82 Cr.P.C. was issued by the court concerned
learned trial court straightaway issued N.B.W. and proclamation of section 82 Cr.P.C. again without verifying the fact as to whether ... except to initiate proceedings u/s 82 Cr.P.C. and 83 Cr.P.C . such proclamation can be issued but that proclamation cannot
Mirzapur in
Criminal Case No.14986 of 2022, by which
proclamation as contemplated under section 82
of the Code of Criminal Procedure, 1973
(hereinafter referred ... Code is primarily
required and further for the procedure of
proclamation U/ss. 82 & 83 of the Code and
warrant
IPC deserve to be quashed for the following
reasons: -
9. Section 82 of the Code of Criminal Procedure provides the
procedure for issuing proclamation ... criminal) 166 and Ashok
Kumar Vs. State of Haryana and another: 2013 (4) RCR
(Criminal) 550)
(vi) The Proclamation has to be published
IPC deserve to be quashed for the following
reasons: -
9. Section 82 of the Code of Criminal Procedure provides the
procedure for issuing proclamation ... criminal) 166 and Ashok
Kumar Vs. State of Haryana and another: 2013 (4) RCR
(Criminal) 550)
(vi) The Proclamation has to be published
Section 82 Cr.P.C. have been initiated against the applicant. Section 82 Cr.P.C provides as follows:-
"82. Proclamation for person absconding ... Section 82(1) Cr.P.C having been published in the manner prescribed under Section 82(2) Cr.P.C., the proclamation would
Penal Code.
III. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 ... Penal Code.
III. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82
