The applicant challenged the affixation of a proclamation under Section 82 Cr.P.C. at their residence for their son, claiming harassment. The Court held that since the documents list their house as the accused address, the affixation is legal and the application lacks merit.
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Neutral Citation No. - 2024:AHC-LKO:20610
Court No. - 27
Case :- APPLICATION U/S 482 No. - 1980 of 2024
Applicant :- Zafar Hasan And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Kashif Haider,Abul Fazal Jaffrey Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
granted interim protection to the applicants by means of the interim orders dated 08.02.2024 and 01.03.2024, respectively passed in those cases.
"82. Proclamation for person absconding;- (1) If Any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specific place and at a specified time not less than thirty days from the date of publishing such proclamation.
(2) The proclamation shall be published as follows—
(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;
(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;
(c) a copy thereof shall be affixed to some conspicuous part of the Court house;
(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.
(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of Sub-Section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.
(4) Where a proclamation published under sub-Section (1) is in respect of a person accused of an offence punishable under sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397,
398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code (45 of 1860) and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.
(5) The provisions of Sub-Sections (2) and (3) shall apply to a declaration made by the Court under sub-Section (4) as they apply to the proclamation published under Sub-Section (1)]".
Order Date :- 7.3.2024 Renu/-
Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether affixation of a proclamation under Section 82 Cr.P.C. at the address mentioned in the accused\'s identity documents is illegal even if the applicant is not the accused.
Whether the High Court can examine the factual issue that the accused does not currently reside with the applicants at this stage.
2 provisions across 1 enactments
Zafar Hasan
Subhash Vidyarthi
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
