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DELHI HIGH COURT
ANOOP KUMAR MENDIRATTA
Vivek Chauhan – Appellant
Versus
Govt. of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. petition for quashing order under section 482 cr.p.c. (Para 1 , 3) |
| 2. irregularities in trial court's exemption application handling. (Para 4 , 5) |
| 3. legal standards for initiating proceedings under section 82 cr.p.c. (Para 6 , 7 , 8) |
| 4. court's decision to set aside proceedings under section 82. (Para 9 , 10) |
JUDGMENT
Anoop Kumar Mendiratta, J. (ORAL)
CRL.M.A. 6655/2022
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 dated 15.03.2022 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
Initiating proceedings under Section 82 Cr.P.C. requires adherence to legal standards; mere absence from court does not justify such measures.
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....
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.
Magistrate must substantively satisfy issuance of Section 82 proceedings; routine orders without indication of reason are illegal.
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.
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....
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....
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-....
Use of the expression ‘after making such inquiry as it thinks fit’ implies that at the time of pronouncing a person as ‘proclaimed person’ or ‘proclaimed offender’, the concerned Court has to satisfy....
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