TMI Blog2015 (5) TMI 1228X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de order dated 25.09.2014, he was declared proclaimed offender. Learned counsel further contends that the petitioner has been wrongly declared as proclaimed offender without following the procedure as laid down under Section 82 of the Code of Criminal Procedure. 5. On the other hand, learned counsel for the State contends that impugned order is just and fair as petitioner was intentionally avoiding service. 6. I have considered the contentions raised by learned counsel for the parties. 7. Section 82(1) of the Code of Criminal Procedure reads as under: - 82. Proclamation for person absconding. - (1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of the town or village in which such person ordinarily resides; (b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village; and (c) a copy thereof shall be affixed to some conspicuous part of the Court-house; 9. Provisions of Section 87 of the old Cr.P.C. are akin to Section 82 of Cr.P.C. in vogue. 10. Perusal of Section 82 Cr.P.C. and law laid down in Jagdev Khan's case (supra) 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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