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
kindly be pleased to stay the issuance of process under Section 83 Cr.P.C. in Crime No. 46 of 2008 under Sections ... 120B I.P.C., police station Refinery, District Matuhr stating that the Investigating Officer wants to initiate proceeding under Sections 82 and 83
orders
dated 06.09.2018 and 11.10.2018 by which processes under
section 82 and section 83 Cr.P.C have been issued against
him.
2. Contention raised ... benefits under section 438 Cr.P.C. Therefore, it is
necessary that the orders under section 82 Cr.P.C and
section 83
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 ... 83 Cr.P.C can be issued, indicate that
after process under section 82 Cr.P.C has been issued process under
section 83
directed attachment of the said
CRL.M.C. 2428-2430/2010 Page 3 of 15
property under Section 83 Cr.P.C.. On the other ... order of Hon'ble Court of
Metropolitan Magistrate, Rohini under Section 83 Cr.P.C. It is also the stand
Opposite Party No. 2 for issuance of processes under Section 83 , Code of Criminal Procedure (Annexure-3) and Opposite Party ... processes under Section 83 , Code of Criminal Procedure against the petitioners stating that processes under Section 82 , Code of Criminal Procedure had already been served
warrant, non bailable warrant and proceeding under Section 82 Cr.P.C. and proceeding under Section 83 Cr.P.C., during pendency of the present ... warrant, non bailable warrant and process under Section 82 Cr.P.C. and process under Section 83 Cr.P.C. He states that the purpose
IPC and 12 P.P.Act and accordingly Ld.
Additional Chief Metropolitan Magistrate, New Delhi issued
process under Section 83 CrPC. SI Manoj ... Additional Chief Metropolitan Magistrate,
New Delhi issued fresh process under Section 83 CrPC to
attach the property of the accused. The order sheet
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
Barua stressed on the illegality of the order passed Under Section 83 Cr.PC. The provisions ... Section 83 Cr.PC follow the provisions of Section 82 Cr.PC and without having issued any proclamation as envisaged Under Section 82
