warrants, the Trial Court issued
proclamation under Section 82(1) , Cr. PC. Later,
proceedings under Section 83 , Cr.PC were also initiated ... Section 82 / 83 , Cr. PC.
However, the Trial Court proceeded to issue the process
under Section 83 , Cr. PC, based on the proclamation
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
directed that till
then the issuance of process of attachment under Section
83 Cr.P.C. would remain stayed. Very strangely, in this
order ... done as the
Magistrate had already initiated the proceedings under
Sections 82 and 83 Cr.P.C., finding that the accused was
absconding. The Magistrate
under Section 7(1)(a) of the Act was also
moved before the Court of ACMM for initiating proceedings under
Section 82 and 83 ... appear on 9.1.1998. An order of attachment under Section 83 Cr.P.C.
was also issued which was brought to the notice of his family
under Sections 498A, 304B, 302,
406 read with Section 34 of the Indian Penal Code, 1860 (in
short the ' IPC ') and Section ... arrest. An application in
terms of Sections 82 and 83 of the Code of Criminal
Procedure, 1973 (in short '
only
summons but non-bailable warrant and proceedings
under Sections 82 and 83 Cr.P.C. were also
initiated by the Special Judge. Hence ... bailable warrant of arrest as
well as proceeding of Sections 82 and 83 Cr.P.C.
had been initiated. In this view of the matter
were under Sections 498A, 304B read with Section
34 of the Indian Penal Code, 1860 (in short the ' IPC ') and
Section ... arrest made an application in terms of
Sections 82 and 83 of the Code of Criminal Procedure, 1973
(in short '
Delhi
and for transfer of execution proceedings under Section 83 of the Code
of Criminal Procedure, 1973 (for short `the Code') in respect ... premise that they had jumped bail, proceedings under Section 83
of the Code of Criminal Procedure were initiated against them.
4. Husband and mother
anticipatory bail to the
accused though the proceedings under Section
82 / 83 CrPC were initiated, observed as under: -
“10…………………………………
10.1……………………………….
10.2. Despite ... anticipatory bail to Respondent 2-
accused ignoring the proceedings under
Sections 82 / 83 CrPC.”
ANALYSIS:
23. In view of the above settled legal
well as proceeding of
Criminal Appeal @ SLP(Crl.) 121 of 2024 Page 23 of 37
Sections 82 and 83 CrPC had been
initiated ... account of nonappearance or proceedings under
Section 82 and/or Section 83 of the CrPC have been
issued against an accused
