REVATI MOHITE DERE
Rammi Paramjeetsingh Rajput – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
Revati Mohite Dere, J. - Heard learned counsel for the parties.
2. Rule. Rule is made returnable forthwith with the consent of the parties and is taken up for final disposal. Learned APP waives service on behalf of respondent-State.
3. By this application, the applicant seeks quashing and setting-aside of the order dated 6th July 2021 passed by the learned Special Court, Nashik, issuing proclamation as against the applicant under Section 82 of the Code of Criminal Procedure ('Cr.P.C').
4. Learned counsel for the applicant states that the order issuing proclamation cannot be sustained, inasmuch as, the learned Judge has not complied with the requirement of Section 82 of Cr.P.C, whilst issuing proclamation i.e. no clear notice of 30 days has been given as contemplated under Section 82(1) Cr.P.C. Learned counsel relied on the judgments in the cases of Umesh Gajanan Tapase & Ors. v. The State of Maharashtra (Cri.WP/3143/2018 dated 22/12/2018) ; Gurappa Gugal & Ors v. The State of Mysore,1968 ILR 556 ; Shokat Ali v. State of Haryana & Anr. (CRM-M-64796-2018 (O&M) dated 18/12/2019) ; Sandip Shankarlal Kedia v. The State of Maharashtra & Anr. (Cri.WP/3209/2014 dated 1/12/2014) ; Roop
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