Delhi Court Overturns Absconder Declaration in 2015 Case

A Delhi court has overturned a trial court's decision declaring Jagdish Kumar an absconder in a 2015 case. The court found that mandatory provisions under Section 82 of the CrPC were not properly followed. The decision emphasizes the importance of thorough procedure to justify such declarations.

A Delhi court has annulled a trial court order declaring Jagdish Kumar an absconder in a 2015 case, citing non-compliance with Section 82 of the Code of Criminal Procedure (CrPC). This provision mandates a formal proclamation for absconders, emphasizing the necessity of strict adherence to procedural requirements.

Additional Sessions Judge Anuj Agrawal granted Kumar's criminal revision petition, challenging the magisterial court's March 26, 2024, order. The decision highlighted that absconder proceedings are serious and warrant comprehensive execution efforts, including thorough attempts at all known addresses.

The court underscored that mechanical adherence to procedural steps without substantial compliance is inadequate. It concluded that the foundational requirements under Section 82 were unmet, thus invalidating the prior absconder declaration against Kumar.

(With inputs from agencies.)