Proclamation | Person Not 'Absconding' When He Went To Distant Place Before Warrant Was Issued: Punjab & Haryana High Court
Live LawThe Punjab & Haryana High Court has said that a person cannot said to have absconded or evaded arrest if he has gone to distant place before the warrant of arrest.Section 82 of CrPC states, "if any Court has reason to believe that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot. The Punjab & Haryana High Court has said that a person cannot said to have absconded or evaded arrest if he has gone to distant place before the warrant of arrest. Section 82 of CrPC states, "if any Court has reason to believe 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 specific place and at a specified time not less than thirty days from the date of publishing such proclamation." Justice Sandeep Moudgil while setting aside the proclamation order said, "A person cannot be said to be “abscond” or “evade” the execution of warrant when he had gone to a distant place before the issue of the warrant."
History of this topic
Punjab & Haryana High Court Issues Contempt Notice To Hisar DCP For Failure To Act Against Alleged Bonded Labour Despite Directions
Live Law
When Should Proclamation U/S 82, 83 CrPC Be Issued Against A Person To Compel His Appearance In Court?: Allahabad HC Explains
Live Law
Section 82 CrPC - Magistrate Should Not Make Proclamation As Absconder In A Routine Manner As Issue Relates To Personal Liberty : Allahabad High Court
Live LawDiscover Related
