Heera Singh vs State Of Uttarakhand & Another

Ashish Naithani, J

Heard learned counsels for the parties, and perused the records.

By means of present C482 application, the applicant is seeking quashing of notice dated 24.06.2020, issued under Section 82 of Cr.PC, passed by learned 1st Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Haridwar.

As per record, there is a finding on record that the proclamation under Section 82 of CrPC were not issued on sound ground, and it was further noted that such proclamation under Section 82 of CrPC, cannot be issued in a mechanical manner as it has wide consequences. Relevant paragraph of order dated 17.07.2020 passed by this Court is extracted below:-

“9. Let a copy of this order be sent to learned Ist ACJ (SD)/ACJM, Haridwar with a request to submit the record pertaining to issuance of proclamation under Section 82 against the petitioner in the instant case. This is so because the proclamation under Section 82 of the Code cannot be issued in a mechanical manner. It has wide consequences.

Till the next date of listing, no coercive steps shall be taken against the petitioner.”

Though the above findings have been noted still the matter relates to Sections 147, 148, 325 and 327 of IPC, and it is evident from the record that the applicant has been evading the service.

The Court is of the view that even though the application under Section 482 of CrPC, is for quashing the issuance of proclamation under Section 82 of CrPC seems to be legitimate as not having issued on sound grounds.

In view of the above, the C482 application is allowed, subject to the condition that the applicant shall make his presence before the trial court, and the trial court shall consider his appearance and further consider his bail application accordingly.