The statement you provided summarizes a legal judgement from the Punjab & Haryana High Court regarding the declaration of a person as a proclaimed person under Section 82 of the Criminal Procedure Code (CrPC). Here's a breakdown of the key points:
Background:
- The petitioner in this case was declared a proclaimed person by the trial court.
- This means the court believed the petitioner was intentionally evading arrest or court appearances.
Issue:
- The petitioner challenged the trial court's order, arguing that the court did not follow proper procedures under Section 82 CrPC.
High Court's Judgement:
- The High Court agreed with the petitioner and set aside the trial court's order.
- The judges found that the trial court erred in issuing the proclamation without recording any reasons for their belief that the petitioner was absconding.
- This lack of reasoning violates the mandatory requirements of Section 82 CrPC.
Consequences:
- Any non-compliance with the procedures under Section 82 CrPC cannot be simply brushed aside as an "irregularity."
- In this case, the court's failure to properly justify the proclamation rendered it and all subsequent proceedings based on it invalid (nullity).
Implications:
- This judgement emphasizes the importance of following legal procedures diligently, especially when it comes to fundamental rights like the right to due process.
- It serves as a reminder to courts to carefully consider all facts and provide clear reasoning before declaring someone a proclaimed person.
Limitations:
- This summary is based on limited information and does not provide all the details of the case.
- For a more comprehensive understanding, it's essential to consult the full judgement or seek legal advice from a qualified professional.
- (With input from news agency language)
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