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2024 Supreme(Online)(GUJ) 530
HIGH COURT OF GUJARAT
HDS
KANTIBHAI LALLUBHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 9767 of 2022
The court emphasized the importance of following the procedure prescribed under Sections 82 and 83 of the Code of Criminal Procedure for dealing with absconding accused persons.
Headnote:
Criminal Procedure - Code of Criminal Procedure - Sections 82, 83 - The court directed the police to make efforts to secure the presence of the absconding accused and follow the procedure prescribed under Sections 82 and 83 of the Code of Criminal Procedure for proclamation and attachment of property of the person absconding.
Fact of the Case:
The petitioner sought the court's direction to the respondent to immediately arrest the absconding accused, Jaykumar Vinubhai @ Vinodbhai Togadia, and to follow the procedure prescribed under Sections 82 and 83 of the Code of Criminal Procedure for proclamation and attachment of property of the person absconding.
Finding of the Court:
The court noted that the proceedings under Sections 82 and 83 of the Code of Criminal Procedure had already been initiated, but directed the respondent to make further efforts to secure the presence of the accused and follow the prescribed procedure under the supervision of the Superintendent of Police.
Issues: Whether the court should direct the respondent to immediately arrest the absconding accused and follow the procedure under Sections 82 and 83 of the Code of Criminal Procedure.
Ratio Decidendi: The court found that the necessary proceedings under Sections 82 and 83 of the Code of Criminal Procedure had already been initiated, but directed the respondent to make further efforts to secure the presence of the accused and follow the prescribed procedure under the supervision of the Superintendent of Police.
Final Decision: The court disposed of the petition with the direction to the respondent to make efforts to secure the presence of the accused and follow the procedure under Sections 82 and 83 of the Code of Criminal Procedure under the supervision of the Superintendent of Police.
ORDER
1. Heard Ms. Kruti M. Shah, learned counsel for the petitioner and Mr. H.K. Patel, learned APP for the respondent State.
2. By way of this petition, the petitioner has prayed for issuance of appropriate writ, order or direction, directing respondent No.2 to immediately arrest absconding accused - Jaykumar Vinubhai @ Vinodbhai Togadia and other absconding accused persons and to follow the procedure prescribed under the Code of Criminal Procedure for proclamation for person absconding or attachment of property of person absconding respectively under Sections 82 and 83 of the Cr.P.C and other proceedings under the law.
3. Learned counsel for the petitioner has submitted that though the warrant came to be issued long back under the Code of Criminal Procedure against the accused - Jaykumar Togadia, he remained absconding, nor any proceedings for proclamation for person absconding or attachment of property of a person absconding under Sections 82 and 83 of the Code has been initiated. He further stated that, the accused Jaykumar Togadia approached the Hon'ble Supreme Court by preferring Special Leave to Appeal (Cri.)
Nos.4143/2022 for anticipatory bail, which was withdrawn and the accused sought 10 days time to surrender and apply for regular bail.
She further submits that, when the said request was made before the Hon'ble Supreme Court, the accused already fled away from country.
4. Police Inspector, LCB, Surat Rural, has submitted a report dated 28.02.2024, wherein, it is stated that the accused has fled away and at present, he is in Dubai. It is also mentioned that, lookout notice has already been issued and informed about the same to immigration department and proceedings under Sections 82 and 83 of the Cr.P.C is undertaken.
5. Considering the facts of the case as well as the fact that, the proceedings under Sections 82 and 83 of Cr.P.C has already been issued, no further order is required to be passed in the matter.
However, it is worth to mention that though the proceedings have already been undertaken, no effective efforts being put by the authority. Therefore, respondent No.2-Local Crime Branch, Surat Rural, is directed to make endevour to secure the presence of the accused and to follow the procedure prescribed under Sections 82 and 83 of the Cr.P.C under the supervision of Superintendent of Police, Surat Rural.
6. With the above direction, present petition stands disposed of.
Let a copy of this order be sent to Superintendent of Police, Surat Rural, for its onward compliance. Direct Service is permitted.
