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MANISHA BATRA
Amarjit Singh Doad – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mrs. Manisha Batra, J. (Oral)
CRM-49232-2023
Prayer in this application is for preponing the date of hearing of the main petition, which is fixed for 09.01.2024.
For the reasons stated in the application, the same is allowed. The main petition is preponed and taken up today itself.
2. CRM-M-40175-2020 (O&M)
The instant petition has been filed by the petitioner under Section 482 Cr.P.C. seeking quashing of order dated 16.07.2018, passed by the Court of learned Judicial Magistrate First Class, Hoshiarpur in case titled as State v. Amarjit Singh Doad, arising out of FIR No. 88 dated 22.08.2017 registered under Sections 406 and 498-A of the IPC at Police Station Mehtiana, District Hoshiarpur, whereby he had been declared a proclaimed person.
3. Brief facts of the case relevant for the purpose of disposal of the present petition are that the petitioner had been nominated as an accused in the aforementioned case and vide order dated 16.07.2018, he was declared a proclaimed person, though he was in Spain at that time. He had never received any notice/summons or warrants at his place of residence in Spain. Neither he was served through Indian Embassy located in Spain. He had continuo
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....
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 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 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 court emphasized the mandatory requirement of a 30-day notice period under Section 82 Cr.P.C. for declaring a person as proclaimed, which was violated in this case.
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