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ANIL KUMAR CHOUDHARY
Anuradha Kumari @ Anuradha D/o Mahendra Kumar Swarnkar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. Though this Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash several orders but at the outset, learned counsel for the petitioners abandons the other prayers and confines his prayer only to quash the orders dated 27.11.2015 and 24.06.2016 whereby and where under proclamation under Section 82 Cr.P.C. and the attachment order of property under Section 83 Cr.P.C. respectively have been passed by the learned Chief Judicial Magistrate, Sahibganj in Sessions Trial No. 225 of 2019 arising out of Sahebganj (T) P.S. Case No. 184 of 2014, corresponding to G.R. No. 588 of 2014.
3. Learned counsel for the petitioners submits that the proclamation under Section 82 of Cr.P.C. has been issued vide order dated 27.11.2015 without following the due process of law. It is submitted by the learned counsel for the petitioners that inadvertently, because of clerical error, in the prayer portion instead of the petitioners seeking the prayer to quash the order dated 27.11.2015 has erroneously mentioned that they seek to quash the order dat
Court must comply with mandatory requirements of law when issuing orders under Sections 82 and 83 of the Cr.P.C., or such orders will be quashed.
Proclamation and attachment orders under Cr.P.C. must comply with mandatory legal requirements, including recording satisfaction of absconding status and specifying time/place for appearance.
Mandatory legal requirements must be adhered to when issuing proclamations and attachment orders under the Code of Criminal Procedure, or they will be quashed as illegal.
A court issuing a proclamation under Section 82 of Cr.P.C. must record satisfaction that the accused is absconding and cannot issue attachment orders without proper justification.
Issuance of a proclamation under Section 82 of the CrPC requires specified grounds, including recorded satisfaction of absconding status and time/place details; failure to follow these mandates rende....
Proclamation issued under Section 82 of the Code of Criminal Procedure must meet legal requirements, including recording satisfaction of the accused's status and fixing time and place for appearance.
The Magistrate must substantiate satisfaction with evidence before issuing a proclamation under Sections 82 and 83 of the Cr.P.C., and routine issuance of such orders is impermissible.
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 issuance of a proclamation under Section 82 of the Code of Criminal Procedure requires strict adherence to procedural mandates, including recording satisfaction of the accused's absconding status....
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