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DELHI HIGH COURT
ANOOP KUMAR MENDIRATTA
Ahmed Khan – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Anoop Kumar Mendiratta, J. (Oral)--The present petition has been filed on behalf of the petitioners under Section 482 Cr.P.C. for setting aside the order dated 24.02.2022 passed by learned C.M.M., New Delhi District, Patiala House Court in FIR No.169/2021 dated 26.08.2021 registered at Police Station: Crime Branch.
2. In brief, an FIR No.169/2021 dated 26.08.2021 was registered at Police Station: Crime Branch, New Delhi under Sections 170/419/420/384/120B/34 I.P.C. Accused Sharukh Khan was arrested and in his disclosure named the petitioners. The Investigating Officer moved an application before the learned trial court for initiating the proceedings under Section 82 of Cr.P.C. since the accused/petitioners were untraceable.
A written proclamation under Section 82 of Cr.P.C. was accordingly issued and published in the newspaper thereby fixing the date for appearance for 24.02.2022, before the learned trial court.
3. As per the case of the petitioners, on coming to know regarding the initiation of proceedings, an application was moved on 10.02.2022 before the learned trial court with a request to drop the proceedings initiated under Section 82 of Cr.P.C. The said applica
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.
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....
Magistrate must substantively satisfy issuance of Section 82 proceedings; routine orders without indication of reason are illegal.
The proceedings under Sections 82 and 83 Cr.P.C. are solely for the purpose of securing the accused's presence in court.
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.
Proceedings under Section 82 of the Cr.P.C. cannot apply to offences like Sections 406, 420, and 120B of IPC. The intention of Section 82 is to ensure appearance before court, which was achieved by t....
The central legal point established in the judgment is the importance of complying with the requirements of Section 82 of the Code of Criminal Procedure, particularly in ensuring the presence of the ....
The court emphasized the mandatory duty of the court to record subjective satisfaction regarding the absconding or non-cooperation of the person against whom the warrant has been issued under Section....
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