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    <title>2003 (8) TMI 570 - DELHI HIGH COURT</title>
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    <description>In a summons case, the Magistrate must issue summons at the stage of cognizance; warrants of arrest cannot be issued first unless statutory conditions are met and reasons are recorded in writing. Section 87 permits warrants only where the court has reason to believe the accused has absconded, will not obey summons, or has failed to appear after due service without reasonable excuse. Proceedings under Sections 82 and 83 also require strict compliance with their prerequisites, including a recorded basis for believing the accused is absconding or concealing himself, publication of proclamation, waiting the prescribed period, and written reasons before attachment. Coercive process issued without these requirements is invalid.</description>
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    <pubDate>Fri, 22 Aug 2003 00:00:00 +0530</pubDate>
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      <title>2003 (8) TMI 570 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=285717</link>
      <description>In a summons case, the Magistrate must issue summons at the stage of cognizance; warrants of arrest cannot be issued first unless statutory conditions are met and reasons are recorded in writing. Section 87 permits warrants only where the court has reason to believe the accused has absconded, will not obey summons, or has failed to appear after due service without reasonable excuse. Proceedings under Sections 82 and 83 also require strict compliance with their prerequisites, including a recorded basis for believing the accused is absconding or concealing himself, publication of proclamation, waiting the prescribed period, and written reasons before attachment. Coercive process issued without these requirements is invalid.</description>
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      <pubDate>Fri, 22 Aug 2003 00:00:00 +0530</pubDate>
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