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2025 Supreme(Online)(Cal) 13132

CALCUTTA HIGH COURT
HAKIM MIA@MIYA – Appellant
Versus
THE CENTRAL BUREAU OF INVESTIGATION AND ANR – Respondent


CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE PRESENT:

The Hon’ble Justice Apurba Sinha Ray CRR 280 of 2023 Hakim Mia @ Miya Vs.

The Central Bureau of Investigation & Anr.

FOR THE PETITIONER : Mr. Arnab Saha Mr. Md. Shoaib Akhtar Mr. Saptarshi Banik FOR THE CBI : Mr. Sudipto Kumar Mazumder, Ld. DSGI Mr. Ajay Kumar Singhania Mr. Sourab Kar CAV ON : MARCH 11, 2025 JUDGMENT ON : MARCH 13, 2025 THE COURT:

1. Read orders dated 10.03.2025 and 11.03.2025.

2. By order dated 10.03.2025 this Court has specifically observed that the accused who is allegedly absconding has also the legal right to challenge the relevant order before a higher forum to urge that a court of law should comply with the directions of the law before issuing warrant of proclamation and attachment. In the said order this court observed that from section 82 of Cr.P.C. it is revealed that the court has certain duties to perform before issuance of a proclamation against an absconding accused. The said section provides, inter alia, that the proclamation shall be published and shall be publicly read in some conspicuous place of the town or the village in which such persons

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