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2015 (5) TMI 1228 - HC - Indian LawsProclamation for person absconding - Proclaimed offender or not - Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - HELD THAT:- Perusal of Section 82 Cr.P.C. makes it clear that in case a person is intentionally avoiding the warrants, Court is empowered to publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation and also the manner in which such proclamation shall be published. In order to ensure that an accused should have a fair opportunity to appear, 30 days clear notice is necessary and the proclamation should be published in the manner provided by law. In the instant case, proclamation of the petitioner was issued on 20.08.2014 for 23.08.2014 and vide impugned order dated 25.09.2014 petitioner was declared proclaimed offender. It is apparent on the face of record that clear notice of 30 days as mandated under Section 82 Cr.P.C. has not been given to the petitioner and the procedure for publication of proclamation has also not been followed. Besides that, there is nothing on record to show that provisions of Sub-Section 2(i) of Section 82 Cr.P.C. have been complied with - petitioner has been wrongly declared proclaimed offender vide impugned order without following the procedure of law. Petition allowed.
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