Ashish Emmanwel v. State of U.P. and Another
Case brief
What is this about?
This court rejected an application under Section 482 Cr.P.C. challenging an order issuing a proclamation and subsequent process for service. The court held that the procedural timelines were not violated and the publication requirement was satisfied by the lower court's finding, dismissing the applicant's technical objections as an abuse of process.
What did the court decide?
The application challenging the issuance of proclamation and process is rejected.
What the court decided
Court No. - 64
Case :- APPLICATION U/S 482 No. - 9157 of 2023
Applicant :- Ashish Emmanwel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tanmay Sadh,Sagar Mehrotra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This application has been filed challenging the order dated 29.11.2022 passed by the Chief Judicial Magistrate, Fatehpur issuing a proclamation under Section 82 Cr.P.C in Crime No. 224 of 2022 and a further order dated 04.02.2023, issuing process under Section 83 Cr.PC.
Heard learned counsel for the applicant and the learned AGA appearing on behalf of the State.
Learned counsel for the applicant submits that proclamation under Section 82 Cr.P.C. has not been published in the manner envisaged under sub-section (2) of Section 82 of the Code of Criminal Procedure. It is also argued that before passing the order under Section 83 Cr.P.C., a period of one month since the proclamation envisaged under Section 82 (1) Cr.PC. has not elapsed.
Upon hearing the learned counsel for the applicant and the learned AGA, this Court finds that proclamation under Section 82 Cr.P.C. was issued on 29.11.2022 and the process under Section 83 has been issued on 04.02.2023. Therefore, it cannot be said that process under Section 83 has been issued before expiry of one month of proclamation under Section 82 being issued. So far as the question of publication of proclamation is concerned, sub-Section (3) of Section 82 says that if the Court issuing the proclamation says in writing that the proclamation was duly published on a specified day, it is evidence of fulfillment of the requirement. Here the Court passing the order
Issues for consideration
2 issues framed by the court
Whether the issuance of process under Section 83 Cr.P.C. before the expiry of one month from the proclamation under Section 82 Cr.P.C. is valid.
Whether the publication of proclamation under Section 82 Cr.P.C. in compliance with sub-section (2) is established when the court states it was duly published.
Parties & counsel
- applicant
Ashish Emmanwel
- respondent
State of U.P.
Coram
J.J. Munir
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- A482/9157/2023
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