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Yogesh Yadav vs. State of Rajasthan

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Code of Criminal Procedure, 1973–Sec. 82–Petitioner was declared proclaimed absconder –No process of warrant of arrest was ever reported to be served against the peitioner nor any summon was served upon him–There was no material before the Court for its satisfaction–Refusal of prayer of the petitioner u/s. 70(2) suffers from non-application of judicial mind–Both the impugned orders quashed.