criminal procedure code
baljit singh
(Querist) 30 July 2009
This query is : Resolved
Hi,
i am advocate baljit practising at district courts amritsar. my querry is whether during the pendendy of procalamation proceedings against he accused, he has any right to challenge them without surrendering before the court concerned.
if yes quote any case law.
Kiran Kumar
(Expert) 30 July 2009
hello Baljit Singh Ji
in my opinion it can be challenged.
reason being the construction of this section is strict in nature thus the conditions requisite to declare a person PO must be fulfiled first.
declaration of PO has wide implications.
pls refer to 2008(5)Law Herald (SC) 3092;
2008(2) Law Herald (P&H) 2819;
2002(2) Criminal Court Cases 165 (Delhi)
in the mean time i ll find few more judgments for u.
Shashwat Shukla
(Expert) 30 July 2009
Dear Mr.Singh,
The accused can challenge the proclamation proceeding under Sec. 482 of Cr. P. C. before High Court. I am giving you citation of Supreme Court:-
JT 1 (1993) 229, Scale 1 (1993) 119, Crimes(SC) 1 (1993) 556, SCC 2 (1993) 6
SUPREME COURT OF INDIA
BEFORE KULDIP SINGH AND B.P. JEEVAN REDDY, JJ.
CHANDRAKALA MENON (MRS) AND ANOTHER
Versus
VIPIN MENON (CAPT.) AND ANOTHER
Criminal Appeal No. 30 of 1993{Arising out of SLP (Crl.) No. 2906 of 1991}
Decided on 14-1-1993
PALNITKAR V.V.
(Expert) 30 July 2009
yes, I am also of the opinion that proclamation can be challenged. It happens that proper procedure is not followed before passing of order of proclamation. That given accused a right to challenge it.
If the rulings are ok the query should be given resolved status.
Manish Raghav
(Expert) 30 July 2009
Yes order of proclamation can be challenged.
charudureja
(Expert) 05 August 2009
yes it can be challanged. the correct postion is given by Mr. kiran
