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MANISHA BATRA
Sandeep Singh Gill – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mrs. Manisha Batra, J. (Oral)
The instant petition has been filed by the petitioner under Section 482 Cr.P.C. seeking quashing of FIR No. 02 dated 07.01.2011, registered under Sections 494, 495, 406 and 498A of IPC at Police Station Maqsudan, District Jalandhar (Annexure P-1) along with all the subsequent proceedings arising therefrom as well as order dated 04.02.2012 (Annexure P-8), whereby the petitioner had been declared a proclaimed offender in the proceedings under the aforesaid FIR.
2. Brief facts relevant for the purpose of disposal of the present petition are that the aforementioned FIR was registered on a written complaint submitted by complainant/respondent No. 2 Sunita alleging therein that her marriage was solemnized with the petitioner on 11.05.2009. Sufficient dowry was given in the marriage. Even in the engagement ceremony, besides spending an amount of Rs. 35,000/-, a cash amount of Rs. 11,000/- was given as shagun along with gold ornaments by the family of the complainant to the petitioner and his family members. However, a matrimonial discord had arisen between the parties. She alleged that after her marriage with the petitioner, she came to know that the p
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 declaration of a proclaimed person under Section 82 Cr.P.C. must follow strict procedural requirements, and failure to comply renders the order 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 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.
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 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 ....
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