SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2015 Supreme(Ori) 404

S.K.MISHRA
Antaryami Barik – Appellant
Versus
State of Orissa – Respondent


ORDER :

S.K. Mishra, J.

1. Heard learned counsel for the petitioners and learned Addl. Standing Counsel for the State. The petitioners, being the accused persons in G.R. Case No. 235/2004 of the Court of learned S.D.J.M., Udala, has assailed the order dated 10-11-2005 passed by the said Court issuing processes under Sections 82 and 83 of the Cr.P.C. declaring them as absconders and to attach their property, without specifying the property, to compel them for their appearance on 9-12-2003. The offences alleged in this case are 420/294/506/34 of the IPC.

2. Learned counsel for the petitioners drawing attention of this Court to the provisions of Sections 82 and 83 of the Cr.P.C. contends that the very basic requirements of Sections 82and 83 of the Cr.P.C. have not been satisfied in this case and the order of the learned S.D.J.M., Udala is silent on that score. Bare reading of Section 82 of the Cr.P.C. reveals that if any Court has reason to believe, whether after taking evidence or not, that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to




Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top