When can court declare proclamation under sec 81 crpc

743 votes

DEAR SIR,
LET ME INFORM YOU THAT DIRECT PROCESS UNDER SECTION OF 81 OF Cr.P.C CAN NOT BE ISSUED BY THE LEARNED COURT AND BEFORE GOING THROUGH THIS COURT ISSUE SUMMON TO ACCUSED THEN ISSUE BAILABLE WARRANT OF ARREST THEN ISSUE NON BAILABLE WARRANT OF ARREST AND AFTER THAT ALSO ACCUSED DO NOT APPEAR AND PROCESS OF SERVICE IS COMPLETE THEN COURT FOR APPEARANCE OF ACCUSED ISSUE PROCESS UNDER SECTION 82 & 83 OF Cr.P.C AND THEN ALSO ACCUSED DO NOT APPEAR THEN HAVING NO OPTION TO COURT FINALLY ISSUE PERMANENT WARRANT AND SEND ORIGINAL RECORD TO RECORD ROOM.
NOW IF THE COURT DIRECTLY STARTED PROCESS UNDER SECTION 81 OF Cr.P.C THEN IT IS GOOD FOR YOU AND YOU CAN FILE A PETITION BEFORE HIGH COURT FOR QUASHING OF ORDER BECAUSE WITHOUT FOLLOWING THE PROCESS PRESCRIBED UNDER THE LAW GENERALLY QUASH BY THE HON'BLE COURT.
FINALLY I SUGGEST YOU KINDLY VERIFY THE RECORD AND SEE PROCESS MENTIONED IN FIRST PARAGRAPH FOLLOWED BY THE COURT OR NOT AND ALSO SEE SERVICE REPORT IS THERE OR NOT.

Advocate Shyam Narsaria LawRato

889 votes

U have to disclose whether the case is complain case or police case however before giving summon or warrant the proclamation cannot be issued even then what i would suggest is go check the order sheet of your case to assertaining the detail

Advocate Jorong Sanga LawRato

625 votes

If what you say is correct and in the court records, then this ought not to be done.
You can get the proclamation quashed in High Court. Obtain certified copy of fir, and entire ordersheet of the case.

Advocate Ashutosh Anand LawRato