successively, for a warrant of arrest, a proclamation under Section 82 of the Code of Criminal Procedure, 1973 (2 of 1974) and an order ... person for whose appearance a proclamation has been issued under Section 82 of the Code of Criminal Procedure, 1973 (2 of 1974) is an absconded
JHHC:10074 ]
of proclamation under Section 82 of CrPC against them, directing
the petitioners to be present personally on 16.07.2025 before
learned ... contended
before the revisional court by the petitioners that the proclamation
under Section 82 CrPC, has been issued without having a legal
foundation
JHHC:10074 ]
of proclamation under Section 82 of CrPC against them, directing
the petitioners to be present personally on 16.07.2025 before
learned ... contended
before the revisional court by the petitioners that the proclamation
under Section 82 CrPC, has been issued without having a legal
foundation
Penal
Code whereby and where the learned Chief Judicial Magistrate, Godda
has issued proclamation under Section 82 of the Code of Criminal
Procedure.
3. Learned ... learned Chief Judicial Magistrate, Godda has issued
proclamation under Section 82 of the Code of Criminal Procedure, be
allowed.
4. Learned Addl.P.P. appearing
under, the learned Chief
Judicial Magistrate, Palamau has issued the proclamation under
Section 82 of Cr.P.C inter-alia against the petitioner ... submitted by the learned counsel for the petitioner that the
proclamation under Section 82 of Cr.P.C. has been issued vide the
said order
sustained. Further, Section 82 of the Criminal Procedure Code, 1973
reads as under:
"82. Proclamation for person abscon
absconding.
ding. - (1) If any Court ... provisions of Section 82 of the Code of Criminal Procedure,
having serious civil and criminal ramifications qua the rights of an accused,
particularly affecting
cannot be sustained. Section 82 of the Criminal
Procedure Code, 1973 reads as under:
"82. Proclamation for person absconding. - (1) If any Court ... provisions of Section 82 of the Code of Criminal Procedure,
having serious civil and criminal ramifications qua the rights of an accused,
particularly affecting
declared a
proclaimed offender/person unless the procedure prescribed under Section
82 of the Code of Criminal Procedure, 1973 is meticulously adhered ... this document
CRM-M--14428-2025 5
proclamation under Section 82 of the Criminal Procedure Code, 1973,
without complying the mandatory requirements
declared a
proclaimed offender/person unless the procedure prescribed under Section 82
of the Code of Criminal Procedure, 1973 is strictly and meticulously adhered ... Criminal Procedure,
1973. The Court below has committed illegality by issuing the said
proclamation under Section 82 of the Criminal Procedure Code, 1973,
without complying
criminal) 166 and
Ashok Kumar v. State of Haryana and another : 2013 (4) RCR
(Criminal) 550)
550
(vi) The Proclamation has to be published ... Criminal) 166.
17. In the present case, the proclamation was admittedly effected on
13.02.2025.. Instead of issuing a fresh proclamation after ensuring compliance with
