- The Criminal Procedure Code, 1974, outlines two separate orders under Sections 82 and 83.
- Section 82 requires the court to publish a proclamation, if the person against whom a warrant has been issued absconds or conceals themselves.
- This proclamation should state that the person needs to appear at a specified place and time, not less than 30 days from the proclamation's publishing date.
- Section 83 allows for an order of attachment of any property belonging to the person proclaimed under Section 82.
- The order of attachment can be issued at the same time as the proclamation, as stated under Section 83(1).
- In the given case, a proclamation under Section 82 has already been published.
- However, an order of attachment must still be specifically issued by the Magistrate under Section 83.
- Issuing a proclamation under Section 82 doesn't amount to any attachment unless the Magistrate specifically issues an order of attachment.
- 210 PLRIJ 043
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