ANIL KUMAR CHOUDHARY
Phulwa Devi @ Phulmati Devi @ Fulwa Devi – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard the parties.
2. This Cr.M.P. has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 03.09.2022 by which non-bailable warrant of arrest was issued against the petitioner and also to quash the order dated 05.12.2022 by which the proclamation under Section 82 of Cr.P.C. was issued against the petitioner and the Investigating Officer was directed to get the proclamation order published in local newspaper corresponding to Barkatha P.S. Case No.117 of 2022 corresponding to G.R. No.1965 of 2022 registered for the offence punishable under Sections 302, 201, 34 of the Indian Penal Code which is pending in the court of Judicial Magistrate-1st Class, Hazaribagh.
3. Perusal of the record reveals that vide order dated 03.09.2022, the Investigating Officer made a prayer along with copy of the case-diary for issuance of non-bailable warrant of arrest against the petitioner. After hearing and perusal of the case diary, it appeared to the learned Judicial Magistrate-1st Class, Hazaribagh that the F.I.R. named accused is fleeing from her place and evading her arrest and police could not arrest he
The court upheld the legality of the orders for non-bailable warrant of arrest and proclamation under Section 82 of Cr.P.C. based on the petitioner evading arrest and living out of the jurisdiction o....
The court may uphold non-bailable warrant and proclamation orders if satisfied that the accused is evading arrest and living out of the jurisdiction of the police station.
The issuance of non-bailable warrants and proclamations must comply with legal requirements, including recording satisfaction of evasion and specifying time and place for appearance.
The legality of warrants for arrest in non-bailable offences and the requirement for the Magistrate to specify the place and date where the accused has to appear in compliance with the proclamation u....
Court must record satisfaction of evasion of arrest before issuing non-bailable warrants or proclamations under Section 82 of Cr.P.C.
The issuance of non-bailable warrants and proclamations must comply with mandatory legal requirements, including recording satisfaction of evading arrest and specifying time and place for appearance.
The court established that a proclamation under Section 82 Cr.P.C. can be issued regardless of whether the accused is charged with offenses listed in Section 82(4), as long as there is a reasonable b....
The issuance of non-bailable warrants and proclamations must comply with legal standards, including recorded satisfaction of evasion and specification of time and place for appearance.
The court ruled that a non-bailable warrant of arrest requires recorded satisfaction of evasion of arrest, which was not present, rendering the warrant and subsequent orders unsustainable.
Proclamations issued under Section 82 of the Code of Criminal Procedure are valid when evidence shows the accused is evading arrest, affirming the court's discretion in such matters.
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