‘Proclaimed Offender’ Declaration Under Section 82(4) CrPC Cannot Be Made Against Person Accused Of Sections 406, 420 IPC
Case: ARUN KUMAR PARIHAR v. STATE (GOVT NCTD)
Coram: HON’BLE MS. JUSTICE ANU MALHOTRA
Case No: Crl.M.C.No.863/2021
Court Observation: To reach this conclusion, a single bench of Justice Anu Malhotra referred to the precedents in Sanjay Bhandari vs. State (Delhi HC decision in Crl.Rev.Pet.No.223/2018, dated 31.07.2018)
“The offence enumerated in section 82(4) are serious in nature. It could not be the intention of the legislature that qua a person who is accused of offences that are serious in nature, the safe guard of an inquiry is stipulated and no such safeguard is stipulated qua a person who is accused of offences that may not be so serious”, the High Court said in Sanjay Bhandari case.
“The intention of the legislature cannot be that such adverse consequences would automatically get attracted to a person qua whom a proclamation has been published and is accused of offences of a less serious nature but for a person who is accused of serious offences enumerated in section 82(4), they would get attracted only after the safeguard stipulated in section 82(4) has been followed”.