Delhi High Court Calls For Sensitization Of Newly Recruited Judges Regarding Proclamation/ Attachment Proceedings Under S.82/ 83 CrPC

The Delhi High Court has said that it shall be appropriate that newly recruited officers of the Delhi Judicial Service may be sensitized by holding of appropriate sessions at Delhi Judicial Academy with reference to proceedings under sec. 82/83 of Code of Criminal Procedure.

Section 82 contemplates procedure for issuing proclamation against a person absconding. Section 83 talks about attachment of property of person absconding.

Justice Anoop Kumar Mendiratta was dealing with a plea challenging an order passed by Metropolitan Magistrate of Dwarka Courts, which had dismissed the exemption application filed on behalf of the petitioner and directing issue of process under sec. 82 Cr.P.C. against him.

Noting that glaring irregularity appeared to have been committed by the Trial Court, the Court was of the view that initiation of proceedings under sec. 82 Cr.P.C. Was in complete ignorance of provisions of law.

"Accordingly, the proceedings under Section 82 Cr.P.C. initiated by the Ld.M.M. vide order dated 15.03.2022 are hereby set aside," the Court ordered.

It was the case of the petitioner that cognizance of the offence was taken on 28.09.2021 and summons were issued to the petitioner returnable for 11.01.2022.

In compliance of the aforesaid summons, petitioner had duly appeared before the court on 11.01.2022 and the matter was listed for 15.03.2022. However, on 15.03.2022, the exemption application was filed on behalf of the petitioner since he had proceeded out of India and made a request that he shall be returning in the last week of May, 2022.

However, the trial court had initiated the proceedings under Section 82 Cr.P.C. after rejecting the exemption application on the ground that the application is silent as to the purpose and place, wherein the petitioner had proceeded.

It was thus argued by the counsel for the petitioner that the order passed by trial court was in complete disregard of the provisions of law, since the proceedings under sec. 82 Cr.P.C. were directed to be initiated merely on non-appearance on 15.03.2022 after disallowing the application for exemption from appearance.

"On the face of record, it appears that Ld.M.M. proceeded in haste, without adhering to the provisions of Section 82 Cr.P.C. and failed to appreciate that proceedings under Section 82 Cr.P.C. cannot be initiated in a routine manner and pre-requisites of Section 82 Cr.P.C. need to be complied in first instance," the Court said.

The Court was further of the view that a bare perusal of order dated 15.03.2022 revealed that the matter was merely listed for formal proceedings on 15.03.2022.

"As such, mere non- appearance of the petitioner/accused at the initial stage itself, after having duly appeared before the court on 11.01.2022, did not warrant initiation of proceedings under Section 82 Cr.P.C., in the first instance. Even otherwise, it appears that while rejecting the application for exemption, Ld.M.M. wrongly presumed that accused is deliberately evading the process of the court since the petitioner/accused had already appeared before the court on 11.01.2022 in compliance of order dated 28.09.2021," the Court said.

It added "At the best, petitioner could have been directed to furnish the better particulars in the application, in case the application for exemption did not reveal the purpose and place wherein the petitioner had proceeded. Ld.M.M. erred in presuming that the application had not been moved for bonafide reasons."

Accordingly, the Court directed the Petitioner to appear before the trial court on the next date of hearing and also clarified that no coercive action shall be taken against him till next date of hearing.

"It shall be appropriate that newly recruited officers of Delhi Judicial Service may be sensitized by holding of appropriate sessions at Delhi Judicial Academy with reference to proceedings under Section 82/83 Cr.P.C," the Court added.

Allowing the plea, the Court directed that a copy of the order be forwarded to the Director, Delhi Judicial Academy and trial court for information and compliance.

Case Title: SH VIVEK CHAUHAN v. GOVT OF NCT OF DELHI THROUGH ITS STANDING COUNSEL CRIMINAL

Citation: 2022 LiveLaw (Del) 320

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