Proclamation against the accused was set aside when the time specified was less than 30 days to appear in a specific for an absconded accused : Bombay HC
TITLE : Deepak Sitaram Modhe v State of Maharashtra
CORAM : Hon’ble Justice Sarang V Kotwal
DATE : 22nd December, 2023
CITATION : Criminal Application No. 1647 of 2023
FACTS
The applicant was challenging the order passed by JMFC issuing proclamation under Section 82 of the CrPC. The applicant was accused under multiple provisions of the IPC, Arms Act and under Section 37 of the Maharashtra Police Act. The proclamation issued against the applicant directs him to appear before the Court in a short period from issuance of the order; whereas, Section 82 of the Cr.P.C. requires that there has to be period of at least 30 days after which only such offender can be directed to remain present. The magistrate while issuing arrest warrant noticed that the accused was not found and that he has absconded.
LAWS INVOLVED
Section 82 – Proclamation for person absconding
(1) 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 specific place and at a specified time not less than thirty days from the date of publishing such proclamation.
ISSUES
- Whether the proclamation be under 30 days?
JUDGEMENT
The court held that period cannot be less than 30 days. In the present case, the order is passed on 29.11.2023 and the applicant was directed to appear on 04.12.2023 and the order of the JMFC was set aside. It was also ordered that the said Court can initiate fresh process for issuing proclamation in accordance with requirement of Section 82 of the Cr.P.C.
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Written by- Sanjana Ravichandran