that the police
moved the requisition for issuance of process under Section 83
Cr.P.C. and the learned Court concerned passed order ... 27235 of 2025(7) dt.15-07-2025
3/19
under Section 83 Cr.P.C. have also been initiated, the applicant
is not entitled
occurrence after ten days.
7. He also submits that process under Section 82 , 83
Cr.PC, corresponding to Sections ... hard and blunt substance.
Section 438 Cr.PC/ Section 482 B.N.S.S. and Sections
82 and 83 Cr.PC/ Sections
under Section 174A IPC would be of no consequence since the proceeding under Sections 82 and 83 Cr.P.C. were not quashed ... lodged under Section 174 A IPC is directly referable to the proclamation order passed under Sections 82 & 83 Cr.P.C. and therefore once
mentioned in Section 438 of Cr.P.C. should not be read into said
section because Section 438 of Cr.P.C. is a provision ... necessary to look into Section 82 and 83 of the Code of
Criminal Procedure, 1973 (now section 84 and 85 of the BNSS
BNSS), which
against Sabir under Section 302 IPC and rest accused were charge sheeted on 05.02.1983. Shamsher was proceeded under Section 82 / 83 ... Torch and Supardginama
Exhibit Ka-11
Memorandum of Attachment under Section 82 / 83 Cr.P.C.
Exhibit Ka-12
Memorandum of Attachment under Section
Indian Penal Code, Section 27 of the Arms
Act, Section 17 of C.L.A. Act and Sections ... warrant of arrest, proclamation under Section
82 of Cr.P.C. and the order of attachment under Section 83 of Cr.P.C.
itself shows
followed procedure as per law in
execution of process.
18. PW-13 ASI Ram Pal, had executed the process under Sec.
83 Cr.PC against ... area. Similarly, PW-13 ASI
Rampal who executed process under Sec. 83 Cr.PC against
accused Jitender @ Bhaiya Dev has not properly executed the
said
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
option to order for attachment of property of person absconding under Section 83 Cr.P.C.. Further, Section 80 of Cr.P.C. provides ... proclaimed offender, et cetera, under Sections 82 , 83 , 84 and 85 of the Code of Criminal Procedure.
After exhausting all possible effort, if the convict
inasmuch
as both the aforesaid courts are having a
concurrent jurisdiction. Section 438 (1) Cr.P.C.
clearly mandates that if any anticipatory bail
application ... also informed that on
.
13.5.2022 the further proclamation of section
83 Cr.P.C. has been issued against the present
applicant.
8. Be that
