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MANOJ KUMAR OHRI
Mohd. Imran – Appellant
Versus
State (Govt. Of NCT Of Delhi) – Respondent
JUDGMENT
Manoj Kumar Ohri, J. - The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioner seeking setting aside of the order dated 23.03.2010 passed by the learned aCMM (SE), New Delhi in FIR No.385/03 registered under Sections 448/380/420/468/471/506/120B IPC at P.S. Sarita Vihar, Delhi, vide which the petitioner was declared a 'proclaimed offender' (hereinafter, referred to as 'PO').
2. To put briefly, the present FIR was registered on the complaint of one Noor ahmad/complainant, wherein it was stated that he was bequeathed the stated property by his father. One atique ahmad, i.e. brother of the complainant, was permitted by him to reside on the first floor of the property, while he himself visited the same from time and time. On one such visit, the complainant found the property occupied by the petitioner and others, whom he knew from before, and his belongings/valuables missing. On the complainant making enquiry, the said persons, including the petitioner, extended threats for life. Soon after, atique ahmad arrived at the spot. He claimed that he had sold the property to co-accused/altamash and ousted the complainant. Later, it came to light that a
The central legal point established in the judgment is that the process under Section 82 Cr.P.C. must be based on sufficient cause to believe intentional abscondence or concealment, and strict adhere....
Procedural safeguards in declaring a person a proclaimed offender must be strictly adhered to; otherwise, such declarations will be deemed invalid.
The court held that a proclamation under Section 82 of the Cr.P.C. is invalid if the accused was not properly served with warrants and the court failed to record satisfaction of the accused's abscond....
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