Purpose Of S.82 CrPC Is To Secure Accused's Presence, Once Achieved Property Attachment Proceedings Must Be Dropped: Rajasthan HC Reiterates

The Jaipur bench of the Rajasthan High Court has reiterated that the purpose of initiating proceedings under Section 82 CrPC is to secure the presence of the accused who is stated to be absconding, and once that purpose was achieved the proceedings are to be withdrawn.The court was hearing a petition challenging the order of Additional Chief Judicial Magistrate (ACJM) who had directed the attachment of petitioner's properties under Section 82 and 83, CrPC. Section 82 CrPC provides for proclamation for an absconding person, and Section 83 CrPC deals with the attachment of property of an absconding person.Justice Anoop Kumar Dhand referred to the Supreme Court's decision in Vimlaben Ajitbhai Patel vs. Vatslaben Ashokbhai Patel & Ors. (2008) wherein the apex court had held that the "purpose of initiating proceedings against the accused under Section 82 Cr.P.C. is to procure and secure the presence of the accused. Once the said purpose is achieved, the proceedings shall be withdrawn". The Supreme Court had further said, "The provisions of the Code of Criminal Procedure do not warrant sale of the property despite the fact that the absconding accused had surrendered and obtained bail. Once he surrenders before the Court and the Standing Warrants cancelled, he is no longer an absconder.”An FIR was lodged against the petitioner for criminal breach of trust and it was the case of the petitioner that proceedings under Section 82 and 83 were initiated against him without any summon/ warrant or any proclamation for a period of 9 years.It was further submitted that process server on the notice by the trial court indicated that the petitioner was not residing where the notices were sent. And as soon as the petitioner got to know about the proceedings, an application was filed to recall the warrants and drop the proceedings. However, instead of deciding the same, order for attachment of properties was passed.The high court said that in the present case the arrest warrants were issued against the petitioner for securing his presence before the trial court but the report of the Process Server indicated that the standing warrants issued against him were never served or executed upon him because the he was not residing at the place where these notices/warrants were sent. "Hence, under these circumstances, it is clear that the petitioner was not aware about the above proceedings. Since the petitioner has already put his appearance before the trial court and has submitted an application for recalling the proceedings initiated against him and he is ready and willing to face the trial, the purpose of Section 82 Cr.P.C. has been achieved and there is no point for issuing orders for attachment of the properties of the petitioner. Hence the impugned order dated 15.07.2024 stands quashed and set aside," the court said.It further directed the trial court to decide the petitioner's application in the light of judgment passed by the Supreme Court in Vimlaben AjitbhaiPatel as expeditiously as possible preferably within 30 days from receiving the high court's order. Case Title: Gurdeep Singh v State of RajasthanCitation: 2025 LiveLaw (Raj) 36Click Here To Read/Download Order

Purpose Of S.82 CrPC Is To Secure Accused's Presence, Once Achieved Property Attachment Proceedings Must Be Dropped: Rajasthan HC Reiterates

Nupur Agrawal

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