Courts Shouldn't Rush To Issue Standing Warrant, Proclamation & Attachment Orders Unless Satisfied That Accused Evading Intentionally: Rajasthan HC
The Rajasthan High Court has observed that the courts should not rush to issue standing warrants and initiate proceedings under Sections 82 and 83 of the Code, unless they are satisfied that the accused is intentionally evading or circumventing the warrants in order to avoid the prosecution. The Courts should not rush to issue standing warrant and initiating proceedings under Sections 82 and 83 of the Code, unless they are satisfied that the accused is intentionally evading or circumventing the warrants in order to avoid the prosecution." The court noted that simply because bailable warrants have been ordered to be issued or as a matter of fact have been issued without report of their service/execution, the trial Court should not and cannot issue standing warrant and initiate proceedings under Sections 82 and 83 of the Code, as a matter of course or routine. Moreover, it was opined by the court that mere recording a 'it appears' that accused has absconded is insufficient to proceed under section 82 of the Code because of the expression "such warrant cannot be executed".
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