Som Pal v. State Of Haryana
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Petitioner, an accused in case FIR No.970 dated 06.09.2019 registered u/s 188 IPC and Section 61 of Excise Act, 1914 at Police Station City TSR, Distt. Kurukshetra has prayed for setting aside the order dated 15.07.2024 (Annexure P-5) passed by the learned JMIC, Kurukshetra vide which he (P) was declared a 'Proclaimed Person'. 2.
The first leg of submission raised by learned counsel for the petitioner is that petitioner had left for the foreign land, which fact had come to the notice of the Executing Constable when he had visited the residence of the petitioner to paste the copy of the proclamation. In the light of the same, proceedings u/s 105 Cr.P.C. (now Section 110 BNS) ought to have been initiated, however, learned trial Court "
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(1) Where a Court in the territories to which this Code extends (hereafter in this section referred to as the said territories) desires that (a) a summons to an accused person, or (b) a warrant for the arrest of an accused person, or (c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it, or (d) a search-warrant, [issued by it shall be served or executed at any place, - (i) xxxxxxxx (ii) in any country of place outside India in respect of which arrangements have been made by the Central Government with the Government of such country or place for service or execution of summons or warrant in relation to criminal matters (hereafter in this section referred to as the contracting State), it may send such summons or warrant in duplicate in such form, directed to such Court, Judge or Magistrate, and sent to such authority for transmission, as the Central Government may, by notification, specify in this behalf;]
(2) Where a Court in the said territories has received for service or execution -
(a) a summons to an accused person, or (b) a warrant for the arrest of an accused person, or (c) a summons to any person requiring him to attend and produce a document or other thin or to product it, or (d) a search-warrant, [issued by - (i) a Court in any State or are in India outside the said territories;
(ii) a Court, Judge or Magistrate in a contracting State, it shall cause the same to be served or executed] as if it were a summons or warrant received by it from another Court in the said territories for service or execution within its local jurisdiction; and where - (i) a warrant of arrest has been executed, the person arrested shall, so far as possible, be dealt with in accordance with the procedure prescribed by Sections 80 and 81;
(ii) a search-warrant has been executed, the things found in the search shall, so far as possible, be dealt with in accordance with the procedure prescribed by Section 101 : [Provided that in a case where a summons or search warrant received from a contracting State has been executed, the documents or things produced or things found in the search shall he forwarded to the Court issuing the summons or search warrant through such authority as the Central Government may, by notification, specify in this behalf.]"
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He is also directed to furnish an undertaking by way of an affidavit that he will appear on each and every date of hearing before the trial Court, unless specifically exempted by the Court. He shall not leave the country without prior permission of the Court. The trial Court may impose any other condition that it may deem appropriate in the facts and circumstances of the present case.
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