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MD. SHABBAR RASHIDI
Lokman Hakim @ Lakman Hakim – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Md. Shabbar Rashidi, J.
1. The revisional application is directed against an order dated November 02, 2021 passed in GR case No. 1317/2021 allowing the prayer of the investigating officer in respect of issuance of the warrant of proclamation and attachment.
2. It is the case of the petitioner that on August 16, 2021, the de facto complainant lodged a complaint on an allegation that the petitioner along with the other accused persons attacked the father of the de facto complainant due to which the victim died. On the basis of such written complaint, Kotwali P.S. case no. 821 of 2021 dated August 17, 2021 under Section 143/341/326/307/302/34 of the Indian Penal Code was initiated against the petitioner and other accused persons. It was further submitted that the petitioner was falsely implicated in the said case.
3. The police took up the investigation of the case and submitted charge-sheet against the petitioner along with the other accused persons. It has been submitted that by the impugned order dated November 02, 2021, the learned Chief Judicial Magistrate directed issuance of the proclamation and attachment against the petitioner.
4. It has been submitted by the learned ad
The simultaneous issuance of warrants under Sections 82 and 83 of the Code of Criminal Procedure must comply with specific statutory conditions; failure to do so renders the order unjustified.
Procedural requirements of Sections 82 and 83 of the Code of Criminal Procedure must be adhered to when issuing warrants of arrest and proclamations followed by attachment.
Court must comply with mandatory requirements of law when issuing orders under Sections 82 and 83 of the Cr.P.C., or such orders will be quashed.
The Magistrate must substantiate satisfaction with evidence before issuing a proclamation under Sections 82 and 83 of the Cr.P.C., and routine issuance of such orders is impermissible.
The court held that despite the absence of a timeframe for executing warrants, the issuance of proclamation and attachment under Sections 82 and 83 of Cr.P.C. can still be warranted to ensure complai....
Orders issued without adherence to legal procedure under the Code of Criminal Procedure are deemed unlawful.
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