AI Overview...
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Section 82 of CrPC - Proceedings and Petitions
The provisions of Section 82 CrPC govern the issuance of processes for the arrest of a person absconding to compel their appearance before the court. When initiating proceedings under Section 82, a petition or application must comply with prescribed proforma and procedural requirements. Failure to adhere to these provisions can lead to dismissal of the petition or proceedings, as emphasized in cases where petitions do not meet statutory criteria (SWAMI VASUDEVANAND SARASWATI DISCIPLE OF SWAMI SHANTANAND SARASWATI VS JAGAT GURU SHANKARCHARYA, JYOTISHPEETH PEETHADESHWAR SRI SWAMI SWAROOPANAND SARASWATI - Allahabad). -
Petroforma and Procedural Requirements
Courts require petitions under Section 82 to follow specific formats or proformas, ensuring all necessary details are included. For instance, in some cases, the failure to properly file or specify details in the petition has resulted in the proceedings being dismissed or quashed (PRAKASH THERMAL POWER LIMITED vs UNION OF INDIA & ANR - Delhi, SRI CHANDAPPA GOWDA Vs CENTRAL BUREAU OF INVESTIGATION - Karnataka). -
Legal Precedents on Dismissal of Non-compliant Petitions
Courts have consistently held that non-compliance with procedural statutes, including Section 82 CrPC, warrants dismissal of the petition or proceedings. For example, petitions filed without following the statutory proforma or lacking necessary particulars have been dismissed, emphasizing the importance of strict adherence to procedural rules (SWAMI VASUDEVANAND SARASWATI DISCIPLE OF SWAMI SHANTANAND SARASWATI VS JAGAT GURU SHANKARCHARYA, JYOTISHPEETH PEETHADESHWAR SRI SWAMI SWAROOPANAND SARASWATI - Allahabad, R.BALAJI vs THE INSPECTOR OF POLICE - Madras). -
Role of Proper Documentation and Evidence
Proper documentation, such as inquest reports or affidavits, and adherence to procedural formalities are critical. Cases highlight that failure to follow these formalities can lead to the quashing of proceedings or orders (SRI CHANDAPPA GOWDA Vs CENTRAL BUREAU OF INVESTIGATION - Karnataka). -
Summary and Conclusion
Proceedings under Section 82 CrPC require strict compliance with procedural requirements, including filing petitions in prescribed proforma with all necessary details. Non-compliance can result in dismissal or quashing of proceedings, underscoring the importance of procedural adherence for the effective functioning of criminal process mechanisms (SWAMI VASUDEVANAND SARASWATI DISCIPLE OF SWAMI SHANTANAND SARASWATI VS JAGAT GURU SHANKARCHARYA, JYOTISHPEETH PEETHADESHWAR SRI SWAMI SWAROOPANAND SARASWATI - Allahabad, PRAKASH THERMAL POWER LIMITED vs UNION OF INDIA & ANR - Delhi, R.BALAJI vs THE INSPECTOR OF POLICE - Madras).
Search Results for "In N i Act Cases Sec 82 Crpc Proceedings Petition Proforma with Citations"
2017 0 Supreme(All) 1195 • India - Allahabad
SUDHIR AGARWAL, K.J.THAKER
Rule 3, Order XXXIX, Rule 2, Order XLI, Rule 4—General Rules Civil, 1957—Part C, Chapter III, Rules 40 to 64—Indian Succession Act ... , 1925—Sections 370 and 372—(Indian) Evidence Act, 1872—Section 63—Jyotirmath Shankaracharya—Installation and functioning—Dispute ... in equally imperative language to dismiss an election petition which does not comply with the provisions of Section 82. ... Act 1951 by Sri Shiv Pratap Singh, another candidate but was not impleaded, therefore, petition w....
1999 0 Supreme(Del) 436 • India - Delhi
B.K.RAMAMOORTHY
His disposal of cases qualitatively and quantitatively has been of high order, it has always been more than the required proforma. ... That was challenged by him in a writ petition before the Supreme Court. The Supreme Court by order dated 22. 11. 1994 quashed the disciplinary proceedings and the resolution of the Full Court. That judgment is reported in R. C. Sood v. . ... "on 15. 10. 1997 the petitioner presented the writ petition to this Court. ... The Writ Petition was rejected by ....
1992 0 Supreme(Cal) 45 • India - Calcutta
Anandamoy Bhattacharya, Ajoy Nath Ray
The allegation is made only in the stay petition in the Appeal Court, in sub• paragraphs 28 (f) and 28 (g) (petition verified by an affidavit of Phoni Bbusan Mandai dated 9th August, 1991). There are no particulars for these strong allegations. Mr. ... (b) The citation relates s. 14(2A) of our Act, discussed above in paras 163.8.6 and 16387. ... If that were not so. no petition challenging the constitutionality of any Act on however flimsy 8 ground could be summarily dismissed without ....
2023 Supreme(Online)(DEL) 12358 • India - Delhi High Court
not to frustrate any proceedings envisaged by the 2002 Act. ... Upon a protest petition coming to be filed, proceedings continued to linger before the Special Judge till ultimately on 17 November 2021, CBI submitted a chargesheet. ... Director, SIPB, Chhattisgarh compiled the information on the proforma and forwarded the same to Energy Department vide letter dated 03.09.2007. ... 82. ... The connected writ petition directly assails the order of 29 Nove....
• India - High Court of Karnataka
K.SOMASHEKAR
There is a proforma relating to the conducting inquest over the dead body and it is marked as Ex.P3 on the part of prosecution. ... proceedings in Spl.C.C.No.203/2016 pending on the file of L-Addl. ... No.203/2016 allowing the petition filed by P.W.1/ Respondent herein and summoning the petitioners as additional accused to appear on 29.11.2016 and also quash all further proceedings in Spl.C.C.No.203/2016 pending on ... The principle of rarest of rare cases would squarely apply to such #H....
• India - Madurai Bench of Madras High Court
[MD].No.242/2014/A-2, namely Tmt.Saraswathi, wife of A-1/ Palanisamy was convicted in pursuant to the impugned judgment and she filed a petition in Criminal Miscellaneous Petition seeking suspension of sentence of imprisonment and pending disposal of the same, died due to illness. ... to the fact whether the objection should have been raised at an earlier stage in the said proceedings. ... The application will be made in proforma prescribed in Annexure I. Regulation 10 [iii] speaks of the conditions which shall be satisf....
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