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
revisionist and later on
process under section 82 Cr.P.C. on 22.02.2011 and under section 83
Cr.P.C. on 06.02.2012 was initiated ... than thirty days
from the date of publishing such proclamation.
9. Section 83 Cr.P.C. is reproduced below as under
acquit accused for the offence u/s 307/ 506
IPC . So long as the offence u/s 174 A IPC is concerned, it spells ... required by a
proclamation published under subsection (1) of section 82 of
the Code of Criminal Procedure, 1973 ( 2 of 1974) shall be
punished
acquit accused for the offence u/s 307/ 506
IPC . So long as the offence u/s 174 A IPC is concerned, it spells ... required by a
proclamation published under subsection (1) of section 82 of
the Code of Criminal Procedure, 1973 ( 2 of 1974) shall be
punished
proceedings under Section 138 of the N.I. Act, the Petitioner
was no more an absconder and the process under Section 83 ... given dasti. After the process of Section 82 Cr.P.C. the proclamation
under Section 83 Cr.P.C. was issued against the Petitioner vide
IPC be registered against him. The proclamation was sent to the office of
ACP Kotwali for compliance. Thereafter, proceedings under Sec. 82 / 83
... IPC , PS Kashmere
Gate but it could not be executed as either accused absconded or concealed
his presence. Thereafter, process under Sec. 82 / 83
person absconding. Section 84 Cr.P.C.
deals with claims and objections to attachment. Another important Section
85 Cr.P.C. provides relaxation ... Section 40 , existing procedures under Section 38 , Section 40 , Section 41
(c) and Section 82 (1) (2) and (3) and Section 83
provisions of section 82(4) Cr.P.C.
According to him, under section 82 Cr.P.C., though a proclamation can
Crl. Misc ... offence punishable under the sections of Indian Penal Code
mentioned in sub section (4) of section 82 Cr.P.C. after declaring him a
proclaimed
sheet,
the petitioner was evading his arrest and consequently,
proceedings under Section 82 / 83 Cr.P.C. were initiated
against him.
4. The learned Magistrate ... application u/s 167(2) Cr.P.C. was filed on
11.4.2012. Firstly, the accused/revisionist
was arrested u/s 41 .1
required by a proclamation published under sub-section
(1) of section 82 of the Code of Criminal Procedure, 1973
(2 of 1974) shall be punished ... proclamation stands published and he is liable to be proceeded
under Section 83 Cr.P.C., by way of attachment of his property
as also
