Court Cannot Issue Process U/S 82 Or 83 CrPC Without Recording Satisfaction That Persons Were Deliberately Avoiding Service: Patna HC Reiterates

The Patna High Court ruled on the procedure for issuing court proclamations under the Code of Criminal Procedure (CrPC). The case involved a dispute over the issuance of a court proclamation against an accused who failed to appear in court. The court found that the lower court had not followed the proper procedure for issuing the proclamation, which requires specific steps to be taken to ensure the accused is aware of the proceedings. The court directed the lower court to reissue the proclamation following the correct procedure. This decision underscores the importance of adhering to procedural requirements in criminal cases to ensure fair and just legal processes.