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BOMBAY HIGH COURT QUASHED PROCLAMATION ORDER AGAINST POLICE NAIK ACCUSED OF RAPING LADY POLICE NAIK, SAYS AT LEAST 30 DAYS' NOTICE NEEDED FOR COURT APPEARANCE
The Business Guardian
|January 02, 2024
The Bombay High Court in the case Deepak Sitaram Modhe v. State of Maharashtra observed and has quashed a proclamation order against a Police Naik for allegedly absconding after raping and threatening a female Police Naik who used to work with him.
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The bench headed by Justice Sarang V Kotwal in the case observed and has stated that the accused has to be given at least 30 days to appear from the date of publication of the proclamation, as per section 82 of the Code of Criminal Procedure, CrPC.
The court in the case observed that all the above three orders have taken this provision into consideration and in all these orders it is mentioned that the period cannot be less than 30.
The court passed the order on November 29, 2023 and the court directed by the appellant to appear on December 04, 2023.
Therefore, the court stated that the said court is inclined to take a similar view which is taken in all the aforesaid orders.
In the present case, the applicant Deepak Sitaram Modhe, challenged the order dated November 29, 2023 issued by JMFC, Pune.
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