Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2017 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (9) TMI 1959 - HC - Indian LawsDishonor of Cheque - proclaimed offender or not - attachment of property - HELD THAT:- The scope of Section 83 Cr.P.C is to attach the property of a person who is absconding or concealing himself defying warrant against him. Once proclamation is issued against such person, his property can be attached as per Section 82 Cr.P.C. Under Section 85 (1) Cr.P.C., the proclaimed person shall appear within the time specified in the proclamation order and on his appearance, the Court shall make an order to release the property from attachment. On perusal of the impugned order indicates that the trial Court is on the impression that after a lapse of two years from the date of attachment, it has no power to consider the request to lift the attachment which is not legally correct. The spirit of Sections 83, 84 and 85 in Cr.P.C is to procure an absconding accused and to proclaim an offender who is absconding or concealing himself from criminal prosecution. As a plenary measure, his property is liable to be attached for defying the warrant issued by the criminal Court. This Court could not find particulars about the date of proclamation, attachment and subsequent arrest. To some extent, the order of the trial Court is correct that de hors of the outcome of the criminal proceedings, proclamation for absconding or concealing is an independent cause of action. At the same time, if reasonable cause shown the attachment made consequent to the proclamation can be raised. The two years period referred for lifting the attachment cannot be read literally to say the belated application are not maintainable, even if there is a justifiable cause for not appearing before the Court or for not seeking relief of raising the attachment after two years. The petitioner is given liberty to file fresh petition before the trial Court stating out all the facts with details and reasons for non appearance despite proclamation and the reason for not filing petition to lift the attachment within the time prescribed under Section 85 (3) of Cr.P.C. - Petition ordered.
|