Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE ANIL KUMAR CHOUDHARY, J
Dharmendra Vishwakarma, Son Of Mahesh Mistri – Appellant
Versus
The State Of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. This Writ Petition Criminal has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India inter alia with several prayers but at the outset, learned counsel for the petitioner on the instruction of the petitioner, does not press the prayer for quashing the order taking cognizance dated 19.05.2014 in connection with Ramgarh P.S. case no. 20 of 2012 corresponding to SC/ ST case no. 07 of 2014 whereby and where under, the cognizance has been taken for the offence punishable under Sections 452, 323, 354, 380 of the IPC and under Section 27 of the Arms Act as well as the Section 3 (1)(x) (xi) of the SC/ ST (Prevention of Atrocities) Act, hence the said prayer is rejected as not pressed.
3. There are three other prayers also made in this writ petition. It is contended by learned counsel for the petitioner that vide order dated 09.06.2015, in the said Ramgarh P.S. case no. 20 of 2012, non-bailable warrant of arrest has been issued against the petitioner by learned Special Judge, SC/ ST (Prevention of Atrocities) Act, Palamau. Perusal of the record reveals that it is not clear as to against whom,
Proclamation under Section 82 of CrPC requires court to record satisfaction of the accused's absconding status and specify time and place for appearance; failure to do so renders the order unsustaina....
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 requirements, including recording satisfaction of evasion and specifying time and place for appearance.
The central legal point established in the judgment is that the issuance of proclamation under Section 82 and attachment of property under Section 83 must comply with the mandatory requirements of la....
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.
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....
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 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
