Dr. Lalan Kumar vs Magadh University & Ors on 12 September, 2014
Author: Shivaji Pandey
bail application of the petitioner is not maintainable
as process under Section 82 Cr.P.C. has been issued against the
petitioner. Learned ... with
the procedure established by law and definitely not by giving
restrictive interpretation of a statute. Learned counsel further
submits that Section 438
even if the proceeding under Sections 82
and 83 Cr.PC/ Sections 84 and 85 B.N.S.S, have been
initiated against him. However ... under which the proceedings
under Sections 82 and 83 Cr.PC/ Sections 84 and 85
B.N.S.S. were taken, but, even the nature
rejected by learned Magistrate in terms of
Section 203 of the Code of Criminal Procedure (hereinafter referred to
as the „Code‟). Learned Magistrate has found ... should
have filed a petition u/s 84 Cr. P.C.
Section 84 Cr.P.C. says, " if
any claim is preferred
Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63422 of 2023
Arising Out of PS. Case ... raise all issue in accordance with law in terms of
Section 84 Cr.P.C.
3. Permission is accorded.
4. Accordingly, the quashing application
impugned order dated
19.10.2024, wherein proclamation initiated under Section 82
of the Code of Criminal Procedure (in short ' Cr.P.C .') against ... remedy is available under Sections 83 and 84 of
the Cr.P.C. Learned Spl.P.P. submitted that being the
interlocutory order, appeal
during pendency of the instant anticipatory
bail application, process under Section 84 BNSS (corresponding
Section 82 Cr.P.C.) was sought by the police ... learned Trial Court was
in haste in issuing process under Section 84 BNSS.
5. Learned A.P.P. for the State as well
Section 84 of the Code of Criminal Procedure (in short ' CrPC ')
but, same is still pending.
2. In view of aforesaid ... report regarding status
of objection petition as preferred under Section 84 of the
CrPC dated 07.08.2024 by petitioner be called for,
particularly
objection against attachment
order can be raised under section 84 of Code of Criminal
Procedure.
Another factual position concerns with address of accused
Sanjay Kumar ... attachment of property can
be raised under section 84 of Code of Criminal Procedure before
the court below.
(Mandhata Singh
light of the provisions prescribed under Section
84 of the Code of Criminal Procedure.
Leave is granted.
The application is disposed of.
In case ... application under Section 84 of the Code of
Criminal Procedure is filed before the learned Magistrate, he shall
consider the same and dispose