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(SHORT NOTE)
GAUHATI HIGH COURT
S.M. Ali, J.
Ratish Rai - Petitioner
versus
Mohesh Singh - Respondent
Criminal Revision No. 282 of 1982
Decided on 20.2.1984
Mr. J. K. Barua, Mr. B.P. Kataky and Mr. P.K. Goswami, Advocates-For the Petitioner.
Mr. S. N. Medhi and Mrs. B. Devi, Advocates-For the Respondent.
Mr. S. N. Medhi and Mrs. B. Devi, Advocates-For the Respondent.
IMPORTANT POINT
The complaint is the foundation of the entire proceeding. So, it should have a test of credibility by examining the complainant on oath as regards the facts of the complaint.
Headnote:Criminal' Procedure Code, 1973 - Section 82-Proclamation not issued Section 83-Accused's property attached - Absconding not proved - The order is illegal.
Held, the provisions of section 83, Cr. P.C., follow the provisions of section 82, Cr. P.C., and without having issued any proclamation as envisaged under section 82, Cr. P.C. attachment of the property of the accused is not permissible. In the instant case, also there has not been any proof or material to show that the accused was absconding, So, the order passed under section 83, Cr. P.C. has been illegal.
Ratish Rai VS Mohesh Singh
