Back
GURBIR SINGH
Jagjit Singh @ Jaggi – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Gurbir Singh, J. - This is a petition under Section 482 Cr.P.C. for quashing the order dated 09.02.2018 (Annexure P-8), whereby the petitioner has been ordered to be declared absconder and all subsequent proceedings initiated under Section 174-A IPC.
2. Learned counsel for the petitioner states that vide order dated 09.02.2018 passed by learned Sub Divisional Judicial Magistrate (SDJM), Nabha (Annexure P-8), the petitioner was declared absconder. It was further ordered therein that intimation be sent to the concerned SHO so as to enable him to initiate proceedings under Section 174-A IPC.
3. Learned counsel for the petitioner further submits that the proclamation was issued on 22.05.2017 and the petitioner was required to appear before the SDJM, Nabha on 13.06.2017. The proclamation was marked to the concerned Police Post on 02.06.2017 (Annexure P-7), whereby direction was given to the petitioner to appear before the Court on 13.06.2017. Statement of serving Constable was recorded on 05.09.2017 that he made compliance on 12.06.2017. It was stated that one copy of notice was pasted on the wall of house of accused and the other copy of notice was pasted on a conspicuous place o
Compliance with the provisions of Section 82 Cr.P.C. is essential in declaring a person as absconder.
The main legal point established in the judgment is that the term 'may' in Section 82(4) Cr.PC provides the court with discretion to issue a fresh proclamation for a person accused of an offense, and....
Use of the expression ‘after making such inquiry as it thinks fit’ implies that at the time of pronouncing a person as ‘proclaimed person’ or ‘proclaimed offender’, the concerned Court has to satisfy....
The court established that strict adherence to the procedural requirements of Section 82 Cr.P.C. is essential for validly declaring a person as a proclaimed offender.
A proclamation under Section 82 of the Cr.P.C. is a mandatory procedural requirement that must strictly provide a clear 30-day notice period and a judicial finding of abscondence; failure to adhere t....
The declaration of a person as a 'proclaimed person' under Section 82 of the CrPC is invalid if the mandatory 30-day notice period is not provided and if the court fails to record its subjective sati....
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
