Case No.2237 of 2016, whereby processes
under Section 82 of the Code of Criminal Procedure has been issued against
the petitioner.
8. While ... then rectified and issued processes under
Section 82 Cr.P.C. in place of processes under Section 83 Cr.P.C. This
means, the Court
proclaimed offender as per Section
82 of Cr.P.C. it means that factor (iii) of Section 438 (1) of
Cr.P.C. manifested ... application under Section 438 of Cr.P.C.
in wake of person being declared as absconder under Sections
82 and 83 of
which, the learned Chief Judicial Magistrate, Latehar, has
issued process under Section 83 Cr.P.C against the petitioner in connection with
Complaint Case ... 83 Cr.P.C , the court has to apply his mind
and the procedure and requirements, which have been laid down in the section should
been issued
and thereafter subsequently processes under Section 82 Cr.P.C and attachment
order under Section 83 Cr.P.C have been issued ... 83 Cr.P.C has been
issued. The orders by which processes under Section 82 Cr.P.C and attachment
order under Section 83
subjective satisfaction has issued processes under
Section 82 & 83 of the Code of Criminal Procedure. Since, the subjective
satisfaction is missing, I am inclined ... which processes under
Section 82 & 83 of the Code of Criminal Procedure has been issued and
the petitioner was declared as a permanent absconder
applicant is not appearing before the court below and process under Section 83 Cr.P.C. has already been issued by the court below against ... mentioned that after issuance of process under Section 82 Cr.P.C., the process under Section 83 Cr.P.C. has already been issued against
Chandi Police
Station, a warrant of arrest under Section 73 of the Code of
Criminal Procedure ( Cr.P.C .) was issued and then process under ... Section 83 Cr.P.C. has been taken out.
Learned counsel submits that the F.I.R. in question
was lodged
invoking
power under Section 82 of Cr.P.C.
5. Thereafter, the complainant filed application
under Section 83 of Cr.P.C. for attachment ... consider the said objections as per Section 84 of
Cr.P.C. Section 84(1) and (3) of Cr.P.C . are relevant
news papers also. It is further submitted that process under Section 83 Cr.P.C. is directed to be issued before 30 days of proclamation ... other process against him. Trial court issued the process under Sections 82 & 83 Cr.P.C. by impugned order.
6. It appears that
declaration under Section 82 , Cr.P.C. was obtained and, thereafter, on 13.1.2020 coercive processes under Section 83 , Cr.P.C. were issued and carried ... with regard to the declaration under Section 82 , Cr.P.C. as also the coercive processes under Section 83 , Cr.P.C. However
