CrPC S. 82, 83 – Mere return of warrant of arrest without execution would not authorise the Magistrate to issue an order for proclamation and attachment. [PLRonline ID 213102]

CrPC, Sections 82 and 83  – Issuance of proclamation and attachment under Sections 82 and 83 of the Cr.P.C. is not an automatic  or  casual exercise – Before issuance of such proclamation and attachment, the court must apply its judicial mind and arrive at a decision disclosing the reasons to believe that a simultaneous action needs to be taken for proclamation and attachment –  Mere return of warrant of arrest without execution would not authorise the Magistrate to issue an order for proclamation and attachment.

“22.   The  aforesaid  provisions  of  law,  particularly sections 82 and 83, Cr.PC makes it abundantly clear that the court must record its reasons to believe for taking such action and it must also satisfy about the abscondance of the accused as well as about the dealing with his property as contained under section 83, Cr.PC and without    such    compliance,    the    issuance    of    such    order  for proclamation and attachment cannot be said to have done in valid exercise of power.”                     [ Para 22]