10 May 2022 11:38 AM GMT
The Delhi High Court has recently called for a detailed report suggesting the ways as to how to streamline the system so that the names and particulars of the persons who have been declared as proclaimed offenders or proclaimed persons in police cases as well as in complaint cases are published in public domain so that further steps may be taken to bring such persons before respective Courts...
The Delhi High Court has recently called for a detailed report suggesting the ways as to how to streamline the system so that the names and particulars of the persons who have been declared as proclaimed offenders or proclaimed persons in police cases as well as in complaint cases are published in public domain so that further steps may be taken to bring such persons before respective Courts to face trials.
Justice Talwant Singh directed that the said report be filed by DCP, Legal as well as by the Principal District and Sessions Judge (Headquarters) while posting the matter for the compliance on May 23.
"The concerned DCP shall appear in person on the next date of hearing. Copies of this order be sent to Ld. Principal District and Sessions Judge (Headquarters) and the DCP (Legal) for compliance," the Court added.
The Court was of the view that the names of the proclaimed offenders or proclaimed persons should be there in public domain so that any concerned citizen may be able to assist the police as to the whereabouts of the said persons and that it will also help the State in taking further steps to ensure that they are brought before the Courts.
"It appears that even the police authorities are not aware of the details of those proclaimed persons who have been so declared in complaint cases. So, who will bring those proclaimed persons to Court is a big question," the Court said.
The Court was dealing with a matter wherein the petitioner, who was declared a proclaimed offender, claimed that the same was done at her back and without her knowledge. It was the case of the petitioner that the police tried to serve her at her old Ghaziabad address whereas the property in question was already taken over by the bank in some recovery proceedings.
The Court noted that there was another aspect which was not highlighted till date i.e. the fate of the persons declared as proclaimed persons in sec. 138, NI Act proceedings by the Magistral Courts in the city where recovery matters were filed against the persons who were no longer available at their addresses known to the complainants.
"There may be the cases of other types of complaints where the proceedings were adjourned sine die and the files were consigned to the record rooms after declaring respondents as proclaimed persons, to be retrieved as and when those persons are arrested," the Court added.
It said "The matter be listed for filing of the report by the DCP (Legal) and learned Principal District & Sessions Judge (Headquarters) on 23.05.2022."
Title: NEETU SINGH v. STATE OF NCT OF DELHI
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