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ANIL KUMAR CHOUDHARY
Amit Gupta S/o Late Kailash Prasad Gupta – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 B.N.S.S. 2023 with a prayer to quash the orders dated 02.08.2019 and 21.12.2019 by which respectively non-bailable warrant of arrest and the proclamation under Section 82 Cr.P.C. was issued in connection with Adityapur P.S. Case No. 200 of 2017, corresponding to G.R. No. 726 of 2017 involving the offences punishable under Section 353/34 of Indian Penal Code and under Section 133 of Indian Electricity Act.
3. The brief fact of the case is that on 02.08.2019 the I.O. of the case filed a petition with a prayer to issue warrant of arrest and the learned Chief Judicial Magistrate In-charge, Seraikella allowed the prayer and directed the O/C to issue warrant of arrest against the accused person, who is the petitioner herein. On 21.12.2019 the I.O. of the case filed a petition for issue of proclamation under Section 82 Cr.P.C. but the learned Chief Judicial Magistrate, Seraikella without recording any satisfaction that the petitioner is absconding or concealing himself to evade his arrest ordered for issue of proclamation un
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 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.
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 legal standards, including recorded satisfaction of evasion and specification of time and place for appearance.
The issuance of non-bailable warrants and proclamations must adhere to legal standards, including the necessity of an execution report and clear directives for appearance.
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.
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....
The court upheld the Chief Judicial Magistrate's order for proclamation under Section 82 of Cr.P.C., affirming that sufficient grounds existed for the issuance based on the accused's concealment.
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.
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