Back
DEEPAK GUPTA
Sarif Muhamed – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Deepak Gupta, J.
CRM No.14102 of 2023
This is an application to place on record zimni orders passed by the trial Court as Annexure P4 and the statement of the I.O as Annexure P5.
Application is allowed. Annexures P4 and P5 are taken on record.
CRM-M-6620 of 2023
Prayer in this petition is to set aside order dated 19.12.2022 (Annexure P3) passed by learned Judicial Magistrate 1st Class, Shaheed Bhagat Singh Nagar in case FIR No.64 dated 26.04.2016 registered at Police Station Rahon, District SBS Nagar under Section 21(1), 4(1) of Mines and Minerals (Regulation of Development) Act, 1957.
2. It is contended by learned counsel that the petitioner was facing trial after being granted bail. However, he could not attend the Court on 11.04.2022 as being driver by profession, he was out of station. Thereafter, he did not receive any notice from the Court nor the proclamation was issued for the date on which he was declared proclaimed person.
3. Notice of motion.
4. Mr.P.S.Pandher, AAG, Punjab, accepts notice on behalf of the respondent-State.
5. Zimni orders Annexure P4 placed on record by learned counsel for the petitioner, reveal that the petitioner had appeared on 15.03.2022. Due to his
Mandatory compliance with Section 82 Cr.P.C. procedures is essential for declaring an absconder as a proclaimed offender, failing which, subsequent proceedings are rendered invalid.
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 Cr.P.C. is essential for validly declaring a person as a proclaimed offender.
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....
The declaration of a person as proclaimed under Section 82 Cr.P.C. is invalid if the mandatory 30-day notice period is not adhered to.
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
