Section 82 & further
mycent
(Querist) 06 September 2011
This query is : Resolved
Hi, I have been falsely accused under section 498a.
My AB has been rejected from session court & I have filed my petition for AB in HC - waiting for the first hearing date.
Using all political & police connections my in-laws have first issued NBW against me & then a proclamation under section 82.
My question:
1). While my petition is still under process in HC, can I be declared PO after 30 days of proclamation. Will section 83 be in effect after that ?
2). On what grounds can I challenge this proceedings ?
Ravikant Soni
(Expert) 06 September 2011
There is a major difference between Proclaimed offender and a proclamation to attend the court.
After amendments 2005 The Cr.P.c. Characterized the offences in aforesaid two.
The Court can declare a offender as P O only some specific offences contemplated in subsection 5.
A accused of 498A can not be declare as pro.offender.
prabhakar singh
(Expert) 06 September 2011
Expert : Ravikant Soni rightly opines for you.
mycent
(Querist) 07 September 2011
Thx for the clarification.
But as per IPC 174, is a person fails to surrender under Cr.P.C. 82(1) there is an imprisonment of 3 yrs.
Again my question is if my case is listed in HC & is in the stage of admission (which is taking time due to long queue), will I be held against section 82(1) after 30 days of proclamation ?
Secondly, if my first date of hearing falls within the 30 days duration, will this proclamation automatically get cancelled?
