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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Fulmaniya Devi, Wife of Bhola Uranv – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. filing of cr.m.p under section 528. (Para 2) |
| 2. contention on illegality of issuance of proclamation. (Para 3) |
| 3. state’s defense on justification for orders. (Para 4) |
| 4. court's requirement for issuing proclamation. (Para 5) |
| 5. failure to record satisfaction by the judge. (Para 6) |
| 6. further illegality by the judge in issuing orders. (Para 7) |
| 7. quashing of unsustainable orders. (Para 8) |
| 8. fresh orders to be passed in accordance with law. (Para 9) |
| 9. conclusion of cr.m.p. (Para 10) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the orders dated 13.02.2012/05.03.2012 passed by the learned Additional Sessions Judge-VII, Palamau in S.T. No.77 (B)/2011 whereby and where under the learned Additional Sessions Judge-VII, Palamau has directed the office clerk to issue process under Section 82 /83 of Cr.P.C.
3. Learned counsel for the petitioner submits that the learned Additional Sessions Judge-VII, Palamau has committed a grave illegality by ordering issuance of proclamation under Section 82
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.
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.
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.
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.
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....
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.
A proclamation under Section 82 Cr.P.C. must specify the time and place for the accused's appearance; failure to do so renders the order invalid.
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 central legal point established is that orders under Section 82 and 83 of the Code of Criminal Procedure must be supported by proper reasoning, satisfaction, and compliance with mandatory require....
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.
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