P&H: Quashes Proclaimed-Person Order Over Defective Proclamation Process

(i) Criminal Procedure, 1973 Code, S.82(1) — Proclamation — Specified date for appearance must be not less than thirty days from date of publication of proclamation — Petitioner was declared proclaimed person before expiry of the mandatory thirty-day period and order was therefore unsustainable. (Para...

(ii) Criminal Procedure, 1973 Code, Section 82(2)(i) — Publication of proclamation — Three modes of publication prescribed by Section 82(2)(i) are conjunctive and not disjunctive, and there would be no valid publication unless all three modes are proved — All three sub-clauses are mandatory and...

(iii) Criminal Procedure Code, 1973, S.82 — Proclaimed person — Order declaring petitioner proclaimed person set aside and quashed where statutory thirty-day period had not expired and the mandatory publication procedure had not been followed. (Paras 14 and 15)