If Procedure Provided Under Section 82 of Cr.P.C. Is Not Followed By JMFC While Issuing Proclamation Order, The Order Is Liable To Be Quashed: Madhya Pradesh High Court
Title: SANJAY ASATI & UPENDRA KHARE @ KALLU v. STATE OF MADHYA PRADESH & SATENDRA SINGH
Decided on: 26th October 2023
MISC. CRIMINAL CASE No. 39110 of 2023
Coram: HON’BLE SHRI JUSTICE DINESH KUMAR PALIWAL
Introduction
Madhya Pradesh High Court has set aside an order passed by Judicial Magistrate First Class, as the issuance of proclamation against the petitioners was not in procedure under Section 82 of Cr.P.C.
Facts of the case
The petitioners are accused in an FIR registered at Police Station Bhagwa, Chhatarpur, for commission of offence under Sections 306 & 34 of IPC. The Judicial Magistrate First Class, Bada Malhara has issued a proclamation order against them whereby they have been directed to appear before it on 25.8.2023, otherwise they would be declared as “proclaimed offender”. Criticizing the issuance of proclamation order passed by JMFC, a petition was filed by the petitioners.
Court Analysis and Decision
Court observed it was prima facie apparent that the trial Court failed to pass the order in consonance to the procedure prescribed in the Code. Clearly the Magistrate had passed the order with apparent error on the face of record and the aspect relating to 30 days time is totally absent. Therefore, as apparent on the face of record that the procedure provided in Section 82 of Cr.P.C. has not been duly followed, the Court with no other option has set aside the order passed by the learned JMFC. Court has directed the JMFC to pass the order in accordance with the law, if police file a fresh application seeking the issuance of a fresh order of proclamation.
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Written by- K R Bhuvanashri