proclaimed offender in 498a

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NO Proclaimed Offender if 498a FIR is ON

Helpful for NRI's & Others

Do U know 498A Accused cant be declared Proclaimed Offender

Following is the Judgement:

=====================

An FIR was registered U/S Sections 279 and 337 IPC, which was not there under

section 4 of 82 and hence quashed. The same judgement can be used for challenging

P.O. declared under any section which is not there under section 4 of crpc 82. Note that

498A also, doesnt fall under that section of 82. So tecnically P.O. should not be

declared if any FIR is filed under section 498A.

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CWP No.13842 of 2010

Satinder Singh Vs. The State of U.T., Chandigarh and another

Present: Mr.Vivek Singla, Advocate

for the petitioner.

Mr.Sanjay Kaushal, Senior Standing Counsel with

Ms.Smriti Dhir, Advocate for U.T., Chandigarh.

* * *

Permod Kohli, J. (Oral)

Petitioner is an accused in FIR No.177, dated 15.8.2002, under

Sections 279 and 337 IPC, registered at Police Station Sector 19, Chandigarh.

Admittedly, the petitioner did not appear before the trial Court for

considerable period and the trial Court was constrained to issue notice under

Section 82 of the Code of Criminal Procedure. It appears that on the basis of

the report of constable serving the notice, petitioner has been declared

proclaimed offender by passing order dated 1.5.2008.

The petitioner has challenged the notice as well as the order

passed by the Chief Judicial Magistrate, 1st Class, Chandigarh in this petition.

The only contention raised by learned counsel for the petitioner is

that the Magistrate could not have declared the petitioner as proclaimed

offender as he is not accused of any of offences specified under sub section 4

of Section 82 Cr.P.C. and as such he could be declared proclaimed offender.

So far as the order declaring the petitioner otherwise as proclaimed offender is

concerned, the same is in contravention to sub section 4 Section 82 Cr.P.C and

thus liable to be quashed.

I order, accordingly.

In so far as the proclamation to declare the petitioner as a

proclaimed person is concerned, the petitioner may surrender before the

Magistrate and the Magistrate will proceed in accordance with law. Petition

disposed of in view of the above directions.

( Permod Kohli )

Judge

11.08.2010

sd

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*Disclaimer:- Atur Chatur is my pen name. I am Delhi University Ex-Lecturer. I am NOT a lawyer. I am a PIP (Party-in-Person). I filed Perjury (fraud on court) on lies of my wife with proofs. I filed court case against Police/CAW. I filed complaint against Judge Family Court (JFC) due to unethical practices/ gender discrimination which resulted in JFC Recusal. I also became a RTI Activist. I acquired all other knowledge/info after false 498a/DVC/Divorce/ CAW cases were filed against me & entire family & my income greatly affected so I have chosen this profession to support my family & also to support my one man fight against gender discrimination in India. Counselling Fees = 2,000 only for approx one hour talking to you & suggesting you few methods like RTI or other methods which is based on my knowledge which I acquired while fighting false cases. Fees is subject to change due to urgency & other factors so please confirm. I do not provide legal opinion/ legal advise or anything like that. All written by me & my suggestions etc is my personal views. You yourself will be responsible for acting on any of my counseling/ advises / consult / guidance etc. Fees for the RTI & any other writing work is to be paid separately & does not come under counselling fees. Pls ask the fees before getting any work done. Fees once paid (even if paid in excess) are not refundable under any circumstances. I do not provide legal opinion/ legal advise or anything like that. All written by me & views/ writings/ RTI/ suggestions/ counselling guidance etc are my personal views. You yourself will be responsible for acting on any of my counselling/ advises / consult / guidance etc. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees. There has been no advertisement, personal communication, solicitation, invitation or inducement of any sort whatsoever from us or any of our members to solicit any work through this website. The user wishes to gain more information about us for his/her own information and use. The information about us is provided to the user only his/her specific request and any information obtained or materials downloaded from this website is completely at the user's volition and any transmission, receipt or use of this site would not create any lawyer-client relationship. The information provided under this website is solely available at your request for information purposed only, should not be interpreted as soliciting or advertisement. We are not liable for any consequence of any action taken by the user relying on legal material/information provided under this website. In cases where the user has any legal dowry consultation issues, he/she in all cases must seek independent legal advice from  his own reliable sources & contacts. Disputes if any shall be subject to Delhi Jurisdiction only. General Disclaimer applies.