Showing posts with label S 82 of CRPC. Show all posts
Showing posts with label S 82 of CRPC. Show all posts

Sunday, 22 August 2021

Should the investigating officer make the application on affidavit to court to issue a proclamation order against the accused?

  As far as the legal position is concerned, if

the accused evades the arrest during the

investigation, no doubt the Investigating Officer

has power to arrest the accused without warrant,

if the offence is cognizable one, but for issuance

of proceeding under Section 82 Cr.P.C., the

investigating officer has to seek help of the

Court and only under the orders of the Court,

proclamation under Section 482 Cr.P.C. can be

issued.

Section 82(1) Cr.P.C. runs as under:-

"82(1). Proclamation for person absconding--If any

Court has reason to believe (whether after taking

evidence or not) that any person against whom a

warrant has been issued by it has absconded or is

concealing himself so that such warrant cannot be

executed, such Court may 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."

10. Section 82(1) Cr.P.C. clearly shows that

before issuance of proclamation under Section 82

Cr.P.C. issuance of NBW is necessary because

Section 82 Cr.P.C. itself says that "if the Court

has reason to believe that any person against

whom a warrant has been issued by it has

absconded or is concealing himself", hence the

issuance of NBW before proclamation under

Section 82 Cr.P.C is necessary. In the present

matter, the investigation is going on, wherein a

person died by consuming toxic liquor and the

petitioner is wanted for the investigation. But it

is also important that Magistrate should not pass

such order in a routine manner, on the simple

application of the Investigating Officer. The

application should be supported by an affidavit

of the Investigating Officer stating the reasons

why NBW and proclamation under Section 82

Cr.P.C. is required, as the issue relates to the

personal liberty of a person guaranteed under

Article 21 of the Constitution of India.


ALLAHABAD HIGH COURT

Case :- U/S 482/378/407 No. - 2261 of 2021

Kunwar Mahendra Pratap Singh @ Chandan Singh Vs State Of U.P. & Ors.


Coram: Hon'ble Mrs. Saroj Yadav,J.

Dated: 18.8.2021

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