petition filed under Section 397
read with Section 401 & 402 of the Code of Criminal Procedure
( Cr.P.C .) with a prayer that ... further quashing of the process
issued under Section 82, 83 of the Code of Criminal
Procedure in case FIR No. 674/01 under Section
proclamation against respondent No.2
under section 82 Cr.PC. Only thereafter and issuance of
proclamation under section 82 Cr.PC, respondent No.2 –
accused ... true under sections
420 , 406 of IPC and 138 of NI Act . In para 23
processes under sections 82 and 83 of Cr.PC have
case was lodged
on 04.01.2019 but by now process under Section 82 & 83
Cr.P.C. has been issued, therefore, the prayer for
anticipatory ... proposition that normally after
exhaustion of the process under Section 82 & 83 Cr.P.C.
prayer for anticipatory bail would not be entertained would
charge sheet and non-bailable warrants and process under Sections 82 & 83 Cr.P.C. have been issued against him. It is further submitted ... prayer for anticipatory bail and submitted that process under Sections 82 & 83 Cr.P.C. has been issued against the applicant. It is next
petitioners were declared absconder from law as per amended
provisions of Sections 82/83 Cr.P.C.
Learned counsel for the petitioners has argued that ... petitioners being NRIs were out of India when the proceedings
under Sections 82 / 83 Cr.P.C. were initiated. The moment they became
processes under section 82
and section 83 both have been issued by the same order. The opening
line of section 83 Cr.P.C; after ... 82 Cr.P.C
at any time process under section 83 Cr.P.C can be issued, indicate that
after process under section 82
bailable warrant dated 15.12.2021 as well as proceeding under Section 82 , 83 Cr.P.C. dated 27.05.2022 issued by Additional Chief Judicial Magistrate, Firozabad ... issued against the accused applicant and thereafter on 27.05.2022 process under Section 82 / 83 Cr.P.C. has been issued against the applicant. Learned counsel
folds
arguments. Firstly that without following the proper procedure prescribed
under Sections 82 / 83 Cr.P.C., the petitioners have been declared proclaimed
offenders. Learned ... therefore, the trial Court has properly followed the provisions of
Sections 82 / 83 Cr.P.C. It is further submitted that even prior to that
folds
arguments. Firstly that without following the proper procedure prescribed
under Sections 82 / 83 Cr.P.C., the petitioners have been declared proclaimed
offenders. Learned ... therefore, the trial Court has properly followed the provisions of
Sections 82 / 83 Cr.P.C. It is further submitted that even prior to that
under section 379 I.P.C. and section 40 of the Mining
Act and non bailable warrants and process under sections 82 -
83 ... bailable warrant issued, he issued
-3-
processes under sections 82 - 83 Cr.P.C. on 3.6.1998 in one go
and finally proclaimed the petitioner
