The Allahabad High Court in the case Purushottam Chaudhary vs. Central Bureau Of Investigation Thru. The Superintendent Of Police Cbi/AcbLko observed and has explained as to when a Proclamation under Section 82, Section 83 of the Code of Criminal Procedure be issued against a person for compelling him to appear before the court be issued.
The bench headed by Justice Rajesh Singh Chauhan in the case observed and has decoded the procedure as laid down in the Code of Criminal Procedure for the issuance of a proclamation, summons, and arrest warrants
The bench in the case observed and has set aside a Non Bailable warrant and issuance of process under Section 82 of the Code of Criminal Procedure against one Purushottam Chaudhary pertaining to a corruption case, while untangling the intricate procedure laid down in the Code of Criminal Procedure with regards to the issuance of proclamation.
It has also been observed by the court that if the appearance of any person / accused person is required before the trial court, firstly the summon should be issued and if the concerned person does not appear before the court concerned on the date fixed, the concerned should firstly verify as to whether such summon has been served upon the applicant or not and if such summon has not been served on him personally at least one more summon should have been issued to him.
Further, the concerned court observed that the fact must be verified as to whether such summon has been served upon the person concerned or not and if the court is convinced that despite the summons being served upon the person concerned, he is avoiding the process of law, then the said court can issue the bailable warrant.
Adding to it, the court stated that at the stage of the nonbailable warrant, the court should take proper care and precaution convincing itself that despite the service of a bailable warrant, on a couple of dates, the court violated the process of law is being avoided only in that extreme circumstance the Nonbailable Warrant should be issued.
It has also been opined by the court thus as it is being reasoned that such a process of law directly relates to the liberty of a person which is guaranteed under Article 21 of the Constitution of India.
The court stated with regards to the issuance of proclamations under section 82 and section 83 of the Code of Criminal Procedure against an accused person, the Court stated that in such a situation it would increase the degree of carefulness and precaution.
It has also been opined by the court that such orders relates to the proclamation may be issued only on the application of the prosecution supported with an affidavit that despite all reasonable efforts which are being taken against the accused person to serve upon the summon the bailable warrant and N.B.W. he or she is avoiding the process and that, the said court should assign specific and cogent reasons to the effect that now there is no other way out except to initiate proceedings under section 82 and section 83 of the Code of Criminal Procedure.
