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References:- ["MD ASLAM SHEIKH ALIAS ASLAM SHEIKH vs THE STATE OF JHARKHAND - Jharkhand"]- ["SRI. AKASH v/s STATE BY K R PURAM POLICE STATION - Karnataka"]- ["KOBIR AHMED @ KABIR UDDIN vs THE STATE OF ASSAM - Gauhati"]- ["Amarjit Singh Doad VS State of Punjab - 2023 0 Supreme(P&H) 3376"]- ["SUNIL KUMAR Vs STATE OF HARYANA AND ANOTHER - Punjab and Haryana"]- ["SANDEEP MALIK Vs STATE OF HARYANA AND ANOTHER - Punjab and Haryana"]- ["Ikramuddin VS State of Haryana - Punjab and Haryana"]- ["AMRIK SINGH Vs STATE OF PUNJAB AND ANOTHER - Punjab and Haryana"]
In criminal proceedings, a proclamation order under Section 82 of the Code of Criminal Procedure (CrPC), 1973, is a powerful tool used when an accused person is believed to be absconding or concealing themselves to avoid arrest. But what happens if this order is issued without proper legal backing? Can it be recalled? This is a common query for accused individuals, lawyers, and legal enthusiasts: recalling of proclamation order.
This blog post dives deep into the legal framework, judicial interpretations, and practical insights on when such orders can be challenged and recalled. While this information is drawn from established case law, it is for educational purposes only and does not constitute legal advice. Consult a qualified lawyer for your specific situation.
Section 82 CrPC allows a court to issue a proclamation requiring an absconding person to appear before it. This is typically after a warrant has been issued and efforts to execute it have failed. The court must be prima facie satisfied that the person is absconding or concealing themselves Amarjit Singh Doad VS State of Punjab - 2023 0 Supreme(P&H) 3376.
Key procedural requirements include:- Issuance of a warrant first.- Satisfaction based on material evidence, not mere police requests Arjun Kumar Son Of Suresh Sah VS State Of Bihar - 2022 0 Supreme(Pat) 1201.- Publication in prescribed modes: reading publicly, affixing on the person's house or conspicuous places, and on court premises Amarjit Singh Doad VS State of Punjab - 2023 0 Supreme(P&H) 3376Arjun Kumar Son Of Suresh Sah VS State Of Bihar - 2022 0 Supreme(Pat) 1201.- Recording a statement that publication was duly effected Gulshan @ Gulchaman VS State of Punjab - 2024 Supreme(P&H) 1214.
Failure to adhere to these can render the order invalid, opening doors for recall Amarjit Singh Doad VS State of Punjab - 2023 0 Supreme(P&H) 3376.
Recalling a proclamation order is permissible only if it was passed without satisfying legal requirements, lacking jurisdiction, or procedural compliance. Courts emphasize that such orders must be based on proper satisfaction, grounded reasons, and strict statutory adherenceAmarjit Singh Doad VS State of Punjab - 2023 0 Supreme(P&H) 3376.
The court's satisfaction cannot be arbitrary. It must stem from material like police reports or affidavits, recorded in the order. Orders based solely on unsubstantiated police requests are illegal and recallable Arjun Kumar Son Of Suresh Sah VS State Of Bihar - 2022 0 Supreme(Pat) 1201. For instance, The court’s satisfaction must be based on material and reasons, and must not be arbitrary or based solely on police request or unsubstantiated reports Amarjit Singh Doad VS State of Punjab - 2023 0 Supreme(P&H) 3376Arjun Kumar Son Of Suresh Sah VS State Of Bihar - 2022 0 Supreme(Pat) 1201.
Mere printing or Gazette publication does not suffice without proper modes. The court must record due publication. In one case, the proclamation was invalid because the court failed to record satisfaction of absconding and proper warrant service Gulshan @ Gulchaman VS State of Punjab - 2024 Supreme(P&H) 1214. The Court issuing the proclamation has to make a statement in writing in its order that the proclamation was duly published on a specified day in a manner specified in section 82(2)(i) of the Cr.P.C., 1973 Gulshan @ Gulchaman VS State of Punjab - 2024 Supreme(P&H) 1214.
If warrants were not properly served (e.g., wrong address), proclamation is unlawful. Courts have quashed such orders, noting the Judicial Magistrate failed to comply with mandatory requirements of Section 82 Gulshan @ Gulchaman VS State of Punjab - 2024 Supreme(P&H) 1214.
Indian courts have consistently upheld recall powers when procedures falter. In key rulings:- Orders without reasons are illegal and can be recalled Arjun Kumar Son Of Suresh Sah VS State Of Bihar - 2022 0 Supreme(Pat) 1201.- Higher courts can set aside orders lacking jurisdiction or compliance Amarjit Singh Doad VS State of Punjab - 2023 0 Supreme(P&H) 3376.
From additional sources:- Revocation equates to annulment: When order is revoked then effect of revocation is to rescind or annulling or withdrawing of order - Position would be brought back on revoking order as if that order was never in existence Jitubhai Mohanbhai Kuhada VS State Of Gujarat - 2023 Supreme(Guj) 826. This nullifies downstream actions like FIRs under related acts.- In PASA Act contexts, void orders lead to quashing proceedings: The revocation of a detention order equates to its annulment, nullifying subsequent consequences Jitubhai Mohanbhai Kuhada VS State Of Gujarat - 2023 Supreme(Guj) 1316.- Strict publication compliance is mandatory: There was a clear failure to comply with the mandatory provisions of Section 82, thus leading to quashing of the FIR and all subsequent proceedings Sukhchain Chand VS State of Punjab - 2023 Supreme(P&H) 1861.- No recall merely on later facts; must prove irregularities Amarjit Singh Doad VS State of Punjab - 2023 0 Supreme(P&H) 3376.
In another instance, courts refused recall where appearance followed Supreme Court directions but did not negate prior orders unless set aside properly Anup Majee VS Union Of India - 2022 Supreme(Cal) 531. The appearance of the accused petitioner on the basis of the order passed by the Apex Court does not in any way negate the orders passed by the trial court Anup Majee VS Union Of India - 2022 Supreme(Cal) 531.
Not all proclamations are recallable:- Valid orders with proper satisfaction and procedures stand firm, even if facts later change.- Good faith orders based on material are protected unless lapses proven Amarjit Singh Doad VS State of Punjab - 2023 0 Supreme(P&H) 3376.- Persons leaving the country to evade law may still qualify as absconding Anandan @ Duglas Devanandha VS The State by Inspector of Police Aminjikarai, Madras - 2010 Supreme(Mad) 5322. If he leaves the country with a view to avoid or escape the arm of the law, he can be said to abscond Anandan @ Duglas Devanandha VS The State by Inspector of Police Aminjikarai, Madras - 2010 Supreme(Mad) 5322.
If facing an invalid proclamation:- Challenge via application to the issuing court or higher courts (e.g., High Court under Section 482 CrPC).- Provide evidence of procedural lapses, like improper service or lack of recorded satisfaction.
For courts and authorities:- Always record reasons and satisfaction.- Ensure documented publication (e.g., reports of affixation) SUKHDEV SINGH Vs STATE OF HARYANA - 2026 Supreme(Online)(P&H) 316.- Prompt challenges prevent prejudice Amarjit Singh Doad VS State of Punjab - 2023 0 Supreme(P&H) 3376.
Courts must ensure that orders under Section 82 Cr.P.C. are based on material and reasons recorded in the order Amarjit Singh Doad VS State of Punjab - 2023 0 Supreme(P&H) 3376.
Recalling a proclamation order under Section 82 CrPC is feasible when procedural safeguards are breached, but courts guard against misuse. Typically, invalidity arises from absent satisfaction, unrecorded reasons, or flawed publication Arjun Kumar Son Of Suresh Sah VS State Of Bihar - 2022 0 Supreme(Pat) 1201Amarjit Singh Doad VS State of Punjab - 2023 0 Supreme(P&H) 3376.
Key Takeaways:- Prior warrant and satisfaction are preconditions.- Publication must be strictly as per Section 82(2).- Recall restores position as if order never existed Jitubhai Mohanbhai Kuhada VS State Of Gujarat - 2023 Supreme(Guj) 826.- Seek legal counsel promptly for case-specific strategies.
Stay informed on CrPC procedures to navigate criminal justice effectively. For more legal insights, subscribe to our blog.
References:- Amarjit Singh Doad VS State of Punjab - 2023 0 Supreme(P&H) 3376: Emphasizes procedural compliance and reasons for issuance.- Arjun Kumar Son Of Suresh Sah VS State Of Bihar - 2022 0 Supreme(Pat) 1201: Illegal orders without reasons recallable.- Other cited judgments as above.
#CrPCSection82, #ProclaimedOffender, #LegalRecall
of the order by which proclamation u/s 82 Cr.P.C. has proclamation u/s 82 Cr.P.C. had been filed. ... Pursuant to the said order the application for recall of the order for issuance of whereunder the application preferred by the petitioner for mainly concerned with the refusal by the learned court below for recalling
(ii) The petitioner is directed to file applications for recalling NBW, recalling the proclamation warrant as well as an application for bail before the trial Court on the next date of hearing. ... ORAL ORDER In this writ petition petitioner seeks the following relief: “The petitioners most respectfully and humbly prays that this Hon’ble Court may be pleased to quash the Proclamation Order Dated ... A perusal of the material on record would indicate that in the first instance, the tr....
In this petition, under Section 482 Cr.P.C., the petitioner, namely, Kobir Ahmed @ Kabir Uddin, has prayed for recalling the non-bailable warrant of arrest and proclamation order issued against him, vide orders dated 02.04.2019 and 28.08.2019, respectively, by the learned Sessions Judge, Karimganj, ... Sinha has contended that the warrant of arrest issued against the petitioner, vide order dated 02.04.2019, and also proclamation issued against him, vide order dated 28.08.2019 may be r....
The Shorter Oxford English Dictionary gives the meaning of the word 'revocation' to be "the action of recalling; recall of persons; a call or summons to return; the action of rescinding or annulling, withdrawing. ... As per the provision under Section 8 of the PASA Act it is provided that, if after the procedure under Sections 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973 for issuing proclamation against the person, if a person fails to appear before the authority to execute the order and he can be punished ... Therefore, #HL_....
Sections 8 2 , 83, 84 and 85 of the Code of Criminal Procedure, 1973 for issuing proclamation against the person, if a person fails to appear before the authority to execute the order and he can be punished under Section 82 of the Code of Criminal Procedure, 1973 declaring the applicant as a proclaimed offender on 06.11.1998. 2.2. As per the provision under a href="./.. ... According, to the Webster's Third New International Dictionary, the word means-"an act of recalling or calling back, the act by which one having the right annuls Some....
(viii) The Court issuing the proclamation has to make a statement in writing in its order that the proclamation was duly published on a specified day in a manner specified in Section 82(2)(i) of the Cr.P.C.. ... The question that arises at this juncture is as to whether the order qua initiation of proclamation had been rightly passed by the trial Court. In considered opinion of this Court, the answer should be in negative. ... The proclamation proceedings were not conducted in accorda....
in the order. ... (viii) The Court issuing the proclamation has to make a statement in writing in its order that the proclamation was duly published on a specified day in a manner specified in Section 82(2)(i) of the Cr.P.C., 1973. ... Therefore, it is wrongly mentioned by the learned Special Court in order dated 05.11.2022 that the warrants of arrest were issued against the petitioner thrice. ... with, and that the proclamation was published on such day. ... The order#HL_EN....
(viii) The Court issuing the proclamation has to make a statement in writing in its order that the proclamation was duly published on a specified day in a manner specified in section 82(2)(i) of the Cr.P.C., 1973. ... In pursuance of which, the Judicial Magistrate passed the order that in the interest of justice and to speed up the case, the accused be served through proclamation to be issued under section 82 of Cr.P.C. for 01.07.2024. ... While assailing the impugned order dated 01.0....
P.C., regarding due execution of proclamation against the petitioner has been recorded in the impugned order. ... (viii) The Court issuing the proclamation has to make a statement in writing in its order that the proclamation was duly published on a specified day in a manner specified in section 82(2)(i) of the Cr.P.C., 1973. ... Learned counsel has argued that in the present case, the proclamation was issued vide order dated 21.02.2024 for 22.03.2024 and the same wa....
Annexure P6 is the order dated 01.08.2015 as per which proclamation issued against the petitioner was received back duly effected with the report that he had been served through proclamation on 30.07.2015. ... Section 138 of the Negotiable Instruments Act, in which he was declared proclaimed person vide order dated 31.08.2015 (Annexure P2). ... Consequent to the said order FIR No.232 dated 07.12.2015 under Section 174-A of the IPC was registered at Police Station Navi Baradari, District Jalandhar City....
The trial court observed that it did not pass any order termed as illegal until and unless the Apex Court declares the very registration of FIR is without jurisdiction. The learned trial judge also held that the appearance of the accused petitioner on the basis of the order passed by the Apex Court does not in any way negates the orders passed by the trial court which were sought to be recalled by filing the impugned application. 8. In view of such circumstances the petitioner filed an application for recalling of the order dated 24th December, 2020 and the consequential order of p....
Another application, E.A. No.167/2002 for rejection of the execution petition was filed. On 02.04.2002, an order of proclamation was passed. Finalization of the proclamation was ordered and the Registry was asked to prepare a proclamation of sale in accordance with law and place it for approval before the Court on 10.04.2002 for final execution of the proclamation of sale and for processing the matter further. This stated that interim order passed on 28th October 1998 was not complied with by the judgment debtors.
(2) Such order shall authorize the attachment of any property belonging to such person within the district in which it is made; and it shall authorize the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate. It may order the attachment simultaneously with the issue of the proclamation. (3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made (b) is about to remove the whole or any part of his pro....
Therefore, the procedural aspects to issue an order of proclamation are; ii)all efforts should have been taken to execute the warrant; However, it is the discretion of the court either to condone the absence or to detain him so that the proceedings could be concluded.
In these circumstances the order issuing proclamation was set aside. Again the judgment has no application to the present case. In the case of Sunil Kumar (supra), no effort had been made to serve the warrant on the address given in the FIR and the court did not record satisfaction that the petitioner was concealing himself.
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