B/W passed - Proclamation u/s 82

Advocate.S.A.Siddiq (Querist) 13 February 2011 This query is : Resolved
In 138 NI case, Bailable warrant has been pending , the accused are absconded in this position u/s 82 crpc proclamation was issued by the court . is it correct one ?( with out NBW)

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Arvind Singh Chauhan (Expert) 13 February 2011
Revision may lie against this order. It may be only after non bailable warrant and report of police on NBW that accused is not traceable.

Amit Minocha (Expert) 13 February 2011
I believe that the Court has acted in haste.

WHATSAPP 91-8075113965 (Expert) 13 February 2011
proclamation under 82 crpc and attatchment under 83 crpc can be ordered only after the " court being satisfied that the accused has absconded or is concealing himself, after taking evidence or not.
so, Amit Minocha is right in saying that the court was a bit haste in your case.

Dineshwar Singh Kaushik (Expert) 14 February 2011
Any court has to act in accordance with prescribed procedure in cr.p.c. it seems that court has acted in hasty manner, it should be set aside by revisional court

bhupender sharma (Expert) 16 February 2011
it appears to the court that the court want to show its power what it can do but the cour its self have forgot that it is a lglly constituted court and the am is not above law of the land , it would be better for u to challange the same.

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