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Issues:
1. Whether the Magistrate has the power to procure the attendance of the accused through warrants of arrest in a summons case without specific findings. 2. Compliance with the provisions of Section 204 Cr.P.C in issuing processes for procuring the attendance of the accused. 3. Legality of orders issued by the Metropolitan Magistrate for non-bailable warrants and processes under Sections 82 and 83 of Cr.P.C without proper reasons. 4. Interpretation of Sections 82 and 83 of Cr.P.C regarding the proclamation for absconding persons and attachment of their property. Analysis: 1. The main issue in this case is whether the Magistrate can use warrants of arrest to procure the attendance of the accused in a summons case without determining that the accused has absconded or will not obey the summons. The judgment clarifies that the Magistrate must issue a summons for attendance in a summons case and has the discretion to issue a warrant in a warrant case. The use of the word 'shall' in summons cases makes the provision mandatory, while 'may' in warrant cases signifies discretion. 2. The judgment emphasizes the importance of complying with Section 204 Cr.P.C, which outlines the procedure for issuing processes to secure the accused's attendance. The Magistrate must follow the prescribed steps, including issuing summons for a summons case and warrants for a warrant case, after filing a list of prosecution witnesses. Failure to adhere to these procedures renders the orders invalid. 3. The legality of the Metropolitan Magistrate's orders for non-bailable warrants and processes under Sections 82 and 83 of Cr.P.C is questioned. The judgment highlights that the court must record reasons in writing before resorting to such coercive measures. The orders issued without proper reasons, as seen in the case, are deemed illegal and flawed. 4. The interpretation of Sections 82 and 83 of Cr.P.C is crucial in understanding the requirements for proclaiming absconding persons and attaching their property. The judgment elucidates that the court must have valid reasons, either through evidence or otherwise, to believe that the accused has absconded before issuing proclamations under Section 82. Subsequently, the court must record reasons for attaching the absconding person's property under Section 83, ensuring compliance with the legal provisions. In conclusion, the judgment finds that the orders passed by the Metropolitan Magistrate were against fundamental legal principles regarding warrants of arrest and processes under Sections 82 and 83 of Cr.P.C. The petition is allowed, the impugned orders are set aside, and the proceedings against the petitioner are quashed. The petitioner is granted the opportunity to appear through counsel due to health reasons, in line with the summons case nature of the offense. The judgment underscores the importance of judicial discretion within the bounds of the Criminal Procedure Code, emphasizing the necessity for reasoned and lawful decisions in criminal proceedings.
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