Articles for Section 82

No Absolute Bar For Proclaimed Offender To Seek Benefit Of Anticipatory Bail : Supreme Court
Trending News
1 month ago

No Absolute Bar For Proclaimed Offender To Seek Benefit Of Anticipatory Bail : Supreme Court

Live Law  

The Supreme Court recently noted that being declared a proclaimed offender under Section 82 of the Cr.P.C. However, the Court said that the relevant factors such as circumstances of the case, the nature of the offence, and the background based on which such a proclamation was issued have to be looked upon while considering the anticipatory bail plea of the …

Court Bail Appellant Anticipatory Proclaimed Offender Section 82
No Absolute Bar For Proclaimed Offender To Seek Benefit Of Anticipatory Bail : Supreme Court
Trending News
1 month ago

No Absolute Bar For Proclaimed Offender To Seek Benefit Of Anticipatory Bail : Supreme Court

Live Law  

The Supreme Court recently noted that being declared a proclaimed offender under Section 82 of the Cr.P.C. However, the Court said that the relevant factors such as circumstances of the case, the nature of the offence, and the background based on which such a proclamation was issued have to be looked upon while considering the anticipatory bail plea of the …

Court Bail Appellant Anticipatory Proclaimed Offender Section 82
Proclamation | Before Exercising Powers U/S 82, 83 CrPC Court Should Be Satisfied That Accused Is Absconding: Jharkhand High Court Reiterates
8 months, 1 week ago

Proclamation | Before Exercising Powers U/S 82, 83 CrPC Court Should Be Satisfied That Accused Is Absconding: Jharkhand High Court Reiterates

Live Law  

The Jharkhand High Court has made it clear that before issuing a proclamation under Section 82 of the Cr.P.C, Court must adequately record satisfaction regarding the accused's absconding status or that accused is concealing themselves to evade arrest. Justice Anil Kumar Choudhary observed, “the learned Special Judge, POCSO Act Cases, Chatra has not categorically recorded its satisfaction that the petitioner …

Court Cases Order Judge Accused Act Pocso
Proclamation | Person Not 'Absconding' When He Went To Distant Place Before Warrant Was Issued: Punjab & Haryana High Court
8 months, 2 weeks ago

Proclamation | Person Not 'Absconding' When He Went To Distant Place Before Warrant Was Issued: Punjab & Haryana High Court

Live Law  

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 …

India High Court Punjab Singh Fir Person Issued
Allahabad High Court Annual Digest 2023: Part II [Citations 257 - 511]
11 months, 1 week ago

Allahabad High Court Annual Digest 2023: Part II [Citations 257 - 511]

Live Law  

ORDERS/JUDGMENTS Beneficiary Of Acquired Land Cannot File Reference U/S 28A Of Land Acquisition Act, 1894: Allahabad High Court Case Title: Rajendra Prasad Sharma vs. State of U.P. And 6 Others Case Citation: 2023 LiveLaw 272 The Allahabad High Court has held that remedy of revision under Section 210 of the U.P. “Respectfully following the judgments in the case of the …

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Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses
1 year, 4 months ago

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses

Live Law  

The High Court, in its order passed on May 27, 2022, had adopted the directions issued by the Madhya Pradesh High Court in Rambahor Saket and others vs State of M.P. and reiterated those guidelines as follows- The Supreme Court recently set aside the directions issued by the Punjab & Haryana High Court regarding issuance of summons to prosecution witnesses …

Supreme Court Trial Court Witness Witnesses Prosecution Order
Section 438 CrPC Nowhere Indicates That A Proclaimed Offender Is Barred To File Anticipatory Bail Plea: Allahabad High Court
2 years, 5 months ago

Section 438 CrPC Nowhere Indicates That A Proclaimed Offender Is Barred To File Anticipatory Bail Plea: Allahabad High Court

Live Law  

Hinting that a proclaimed offender may also move an anticipatory bail plea, the Allahabad High Court has observed that Section 438 of CrPC doesn't say that a proclaimed offender would be barred to file such a plea.The bench of Justice Rajesh Singh Chauhan further observed that Section 82 CrPC neither creates any rider nor imposes any restrictions in. Hinting that …

Court Bail Application File Plea Observed Crpc
Courts Shouldn't Rush To Issue Standing Warrant, Proclamation & Attachment Orders Unless Satisfied That Accused Evading Intentionally: Rajasthan HC
2 years, 6 months ago

Courts Shouldn't Rush To Issue Standing Warrant, Proclamation & Attachment Orders Unless Satisfied That Accused Evading Intentionally: Rajasthan HC

Live Law  

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 …

Trial Court Courts Accused Issue Code Issued
Delhi High Court Calls For Sensitization Of Newly Recruited Judges Regarding Proclamation/ Attachment Proceedings Under S.82/ 83 CrPC
2 years, 8 months ago

Delhi High Court Calls For Sensitization Of Newly Recruited Judges Regarding Proclamation/ Attachment Proceedings Under S.82/ 83 CrPC

Live Law  

The Delhi High Court has said that it shall be appropriate that newly recruited officers of the Delhi Judicial Service may be sensitized by holding of appropriate sessions at Delhi Judicial Academy with reference to proceedings under sec. It was thus argued by the counsel for the petitioner that the order passed by trial court was in complete disregard of …

Delhi Court Trial Court Delhi High Court Application Order Judicial
Section 82 CrPC - Magistrate Should Not Make Proclamation As Absconder In A Routine Manner As Issue Relates To Personal Liberty : Allahabad High Court
3 years, 4 months ago

Section 82 CrPC - Magistrate Should Not Make Proclamation As Absconder In A Routine Manner As Issue Relates To Personal Liberty : Allahabad High Court

Live Law  

The Lucknow Bench of the Allahabad High Court has held that for issuance of proceeding under Section 82 of the Criminal Procedure Code, the investigating officer has to seek the help of the Court, and only under the orders of the Court proclamation under Section 482 Cr.P.C. During the investigation, the Investigating Officer moved an application before the concerned Magistrate …

Court Lucknow Accused Issue Officer Arrest Magistrate
'Proclaimed Offender' Declaration Under Section 82(4) CrPC Cannot Be Made Against Person Accused Of Sections 406, 420 IPC : Delhi High Court
3 years, 8 months ago

'Proclaimed Offender' Declaration Under Section 82(4) CrPC Cannot Be Made Against Person Accused Of Sections 406, 420 IPC : Delhi High Court

Live Law  

The Delhi High Court has held that a person accused of offences under Section 406, 420 and 120B under the Indian Penal Code cannot be declared as a 'proclaimed offender' under Section 82 of the Code of Criminal Procedure.The Court held that such a declaration can be made only against persons accused of the offences specified. The Delhi High Court …

Delhi Court Delhi High Court Accused Ipc High Person
S. 82 CrPc Neither Creates Riders Nor Imposes Restrictions In Filing Of Anticipatory Bails By Proclaimed Offenders: Himachal Pradesh High Court [Read Judgment]
4 years, 1 month ago

S. 82 CrPc Neither Creates Riders Nor Imposes Restrictions In Filing Of Anticipatory Bails By Proclaimed Offenders: Himachal Pradesh High Court [Read Judgment]

Live Law  

The Himachal Pradesh High Court has made it clear that declaration of an accused as an "absconder" under Section 82 of CrPC does not preclude him from filing an application for seeking anticipatory bail. "Section 82 of CrPC neither creates any riders nor imposes any restrictions in the filing of anticipatory bails by the proclaimed offenders," a Single Bench of …

Justice Court Bail Application Case Accused Fir