DELHI HIGH COURT – BAILABLE OFFENCE & DECLARATION OF PROCLAIMED OFFENDER UNDER SECTION 82 & 83 OF CR.P.C & SECTION 174A OF INDIAN PENAL CODE

Delhi High Court

Date of Judgement: 22.05.2014

The brief facts of the case are that the petitioner/ complainant lodged FIR under Sections 325/34 IPC and Vide order dated 09.12.2010, learned Metropolitan Magistrate, Delhi issued process under Section 82 Cr.P.C. against Respondent No. 2 and directed for publication in one leading newspaper having circulation in the concerned area. The Respondent No. 2 moved an application dated 15.03.2012 for cancellation of NBW, withdrawal of proceedings under Section 82/83 Cr.P.C. and for bail but the petitioner/complainant opposed the said application and contended that the publication of process under Section 82/83 Cr.P.C. was made in the newspaper, therefore, offence under Section 174A IPC was made out and requested that the said application be dismissed. The Court observed that Section 174A IPC is attracted only when the accused has been declared proclaimed offender under Section 82(3) Cr.P.C. after provisions of Section 82(1) Cr.P.C. has been complied with. Since, the process server has not appeared to make a statement and the Court has not declared accused/ Respondent No. 2 as proclaimed offender, so the provisions under Section 174A IPC could not be said to be attracted against the accused. The trial Court further observed that as the offence under Section 325/34 IPC is a bailable offence, non-bailable warrants and process under Section 82/83 issued against Respondent no. 2 stands cancelled and, therefore, respondent No.2/accused was admitted to bail.

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Advocate Amaresh Singh

Advocate Amaresh Singh is a lawyer practicing in Supreme Court of India, Delhi High Court and various District Courts including Saket Court, Tis Hazari Court, Karkardooma Court, Patiala House Court and Dwarka Court. (M) 9999678571

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