Back
KIRTI SINGH
H. P. Nikhil Petrol Pump – Appellant
Versus
Ravi Kumar – Respondent
JUDGMENT
Ms. Kirti Singh, J. (Oral)
This order shall dispose of aforementioned petitions as common questions of fact and law are involved therein.
2. By way of the present petitions, prayer has been made for quashing of impugned orders dated 13.12.2016 (in CRM-M-25986 & 25576 of 2019) and impugned orders dated 30.03.2015 (in CRM-M-41331 & 41206 of 2019) vide which the petitioners have been declared as proclaimed persons/absconders.
3. For brevity, the facts are being extracted from CRM-M- 25986-2019.
4. The facts of the present petition is that petitioner No.1 is the H.P. Nikhil Petrol Pump situated at Nakodar Road, Near Ravi Dass Chowk, Jalandhar, and the petitioner No. 2 is the sole proprietor of the aforesaid petitioner No.1-petrol pump. The present case is being filed by Sh. Jagdish Rai Kanda General Power of Attorney holder of petitioner No.2 (Annexure P-4).
5. Allegedly, as a generous step to help the respondent to earn his daily bread the petitioner no.-2 allowed the respondent to run a taxi stand called 'USA Taxi Stand' in the back yard of the petitioner's petrol pump. Petitioner no.-2 had executed a General Power of Attorney dated 23.11.2004 in favour of Rajesh Kumar (Respo
A person cannot be declared absconding if they were abroad before the issuance of a warrant, and proper service of summons is essential before such a declaration.
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 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....
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 satis....
The court ruled that a person cannot be declared an Absconder without proper application of mind and adherence to procedural requirements set by law, particularly regarding the necessity for inquiry.
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 expression ‘reason to believe’ means sufficient cause to believe. As also enunciated in Section 26 IPC, a person is said to have ‘reason to believe’ a thing, if he has sufficient cause to believe....
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
