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ANOOP KUMAR MENDIRATTA
Sh Vivek Chauhan – Appellant
Versus
Govt. Of NCT Of Delhi – Respondent
JUDGMENT
Exemption allowed, subject to all just exceptions.
Application is accordingly disposed of.
CRL.M.C. 1538/2022 & CRL.M.A. 6656/2022 (STAY)
1. The present petition has been filed on behalf of the petitioner under Section 482 Cr.P.C. seeking quashing/setting aside of the order dated15.03.2022 passed by Ld.M.M., Dwarka Courts, Delhi in CR. Case No.3800/2021 titled as 'State vs. Vivek Chauhan', thereby dismissing the exemption application filed on behalf of the petitioner and directing issue of process under Section 82 Cr.P.C. against the petitioner.
2. Issue notice. Learned APP for the State appears on advance notice served upon the State and accepts notice.
3. I intend to dispose of the petition at this stage itself, considering the fact that a glaring irregularity appears to have been committed by Ld.M.M. by directing initiation of proceedings under Section 82 of Code of Criminal Procedure, 1973 (Cr.P.C.).
3. As per the case of the petitioner, cognizance of the offence was taken on 28.09.2021 and summons were issued to the accused/petitioner returnable for 11.01.2022. In compliance of the aforesaid summons, petitioner duly appeared before the court on 11.01.2022 and the matter wa
The main legal point established in the judgment is that the provisions of Section 82 Cr.P.C. cannot be initiated in a routine manner and pre-requisites of Section 82 Cr.P.C. need to be complied with....
Initiating proceedings under Section 82 Cr.P.C. requires adherence to legal standards; mere absence from court does not justify such measures.
Orders under Section 82 Cr.P.C. must not be issued mechanically; accused should be given the opportunity to appear before the court to avoid being treated as absconders.
The court established that the procedural safeguards under Sections 82 and 83 of the Cr.P.C. must be strictly followed to protect the personal liberty of individuals before declaring them as proclaim....
Magistrate must substantively satisfy issuance of Section 82 proceedings; routine orders without indication of reason are illegal.
Subsistence of proclamation after acquittal – Section 174A IPC is an independent, substantive offence that can continue even if proclamation under Section 82, Cr.P.C. is extinguished – It is a stand-....
The main legal point established in the judgment is that the term 'may' in Section 82(4) Cr.PC provides the court with discretion to issue a fresh proclamation for a person accused of an offense, and....
Strict adherence to the procedural requirements of Section 82 of the Criminal Procedure Code is essential, and any deviation from the specified period in the proclamation may render it invalid.
The central legal point established in the judgment is the requirement for compliance with mandatory provisions of law for the issuance of proclamation and process under Section 82 and 83 of Cr.P.C.
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