SUNIL TYAGI Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) The requirements of justice give an occasion for the development of new dimension of justice by evolving juristic principles for doing complete justice according to the current needs of the Society. The quest for justice in the process of administration of justice occasions the evolution of new dimensions of the justice. J.S. Verma, J., in his Article "New Dimensions of Justice", (1997) 3 SCC J-3 observed that:

(2.) The petitioners in both these cases were declared as Proclaimed Offenders without following due process of law. In CRL. A. 5328/2013, the learned Magistrate declared the petitioner as a proclaimed offender without satisfying himself as to the factum of service of notice upon the petitioner as respondent no. 2 was unable to furnish the complete address of the petitioner and the notices were not sent to the petitioner at the correct address. All addresses furnished by the respondent were found to be incorrect. In CRL. M. C. 4438/2013, the petitioner was declared a proclaimed offender but he was never served any summons/warrants. Vide judgment dated 07th January, 2021, this Court allowed the both petitions and quashed the impugned orders declaring the petitioners as "Proclaimed Offenders".

(3.) During the course of the hearing dated 27th November, 2013, Mr. Gopal Subramaniam, learned senior counsel present in Court in some other case pointed out that the orders under Section 82 of the Code of Criminal Procedure (hereinafter referred to as CrPC or the Code) were passed in a routine manner and guidelines are necessary to ensure that orders under Sections 82 and 83 CrPC are passed after following due process of law. It was suggested that guidelines be laid down by this Court in this regard.