P&H: Quashes Proclaimed Offender Order For Non-Compliance u/s.82 CrPC

Bharatiya Nagarik Suraksha Sanhita, 2023, S.84 — Proclamation for person absconding — Provisions are mandatory in nature and any non-compliance vitiates entire proceedings - Court must, before issuing proclamation, have reason to believe on basis of material that person has absconded or is concealing himself...

Bharatiya Nagarik Suraksha Sanhita, 2023, S.84 — Proclamation for person absconding — Trial failed to record requisite judicial satisfaction regarding due execution of proclamation and proceeded mechanically and perfunctory manner, rendering impugned order declaring the petitioner proclaimed person/offender legally unsustainable - Proclamation set aside. (Para...

Criminal Procedure Code, 1973, S.82 — Proclamation for person absconding — Return of summons with the report that the accused had gone abroad followed by non-bailable warrants and proclamation - Proceedings were not conducted in accordance with mandatory provisions of S.82 Cr.P.C - Proclamation set...

Criminal Procedure Code, 1973, S.82 — Proclamation for person absconding — Ramifications on liberty — Having serious civil and criminal ramifications particulary affecting liberty and participation in trial proceeding cannot be invoded in causal or cavalier manner - Mandatory requirement of recording satisfaction that accused...