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N. S. SHEKHAWAT
Sandeep Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
N.S. Shekhawat, J.
1. The petitioner has filed the present petition under Section 482 Cr.P.C. with a prayer to quash the impugned order dated 16.12.2022 (Annexure P-2) passed by the Additional Chief Judicial Magistrate, Patiala, whereby, the petitioner has been declared as proclaimed offender in a case arising out of the FIR No. 0083 dated 03.06.2018 under Sections 406, 419, 420 and 201 IPC registered at Police Station Urban Estate, Patiala (Annexure P-1).
2. Learned counsel for the petitioner contends that a false case FIR No. 0083 dated 03.06.2018 under Sections 406, 419, 420 and 201 IPC at Police Station Urban Estate, Patiala (Annexure P-1) was ordered to be registered against the petitioner. He further contends that after the grant of bail, the petitioner was regularly appearing before the trial Court. However, due to inadvertent mistake in noting down the date of hearing, the petitioner could not appear on 17.05.2022 and as a result of the same, her bail was ordered to be cancelled and the bail bonds/surety bonds were ordered to be forfeited to the State and the petitioner was ordered to be served through non-bailable warrants for 24.08.2022. Thereafter, on 25.08.2022,
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.
Proclamation proceedings under Section 82 Cr.P.C. must adhere to strict procedural requirements, including prior issuance of arrest warrants and proper publication, to avoid nullity.
The court established that strict adherence to the procedural requirements of Section 82 of the Cr.P.C. is essential for declaring a person as proclaimed, including proper publication and the 30-day ....
The court held that a proclamation under Section 82 of the Cr.P.C. is invalid if the accused was not properly served with warrants and the court failed to record satisfaction of the accused's abscond....
The declaration of a proclaimed person under Section 82 Cr.P.C. must follow strict procedural requirements, and failure to comply renders the order invalid.
The court emphasized the necessity of following proper procedures under Section 82 Cr.P.C. for declaring a person a proclaimed offender, highlighting that non-compliance renders such declarations nul....
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