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Daljit Singh vs. State of Haryana & Anr. (SC)

52.00 5.20

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Code of Criminal Procedure, 1973–Sec. 82 [Corresponding Sec. 84 of BNSS, 2023]–Penal Code, 1860–Sec. 174A [Corresponding Sec. 209 of BNS, 2023]–Whether the proclaimed offender status under the provisions of the Cr.P.C., of an accused can subsist if such accused stands acquitted during the trial in connection to the very same offence ?–Held, yes–If the status u/s. 82 Cr.P.C. is nullified i.e., the person subjected to such proclamation, by virtue of subsequent developments is no longer required to be presented before a Court of law, still, the prosecution can be proceeded against him for having not appeared before a Court during the time that the process was in effect–Sec. 174A is an independent substantive offence that can continue even if the proclamation u/s. 82 Cr.P.C. is extinguished.