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vinod bansal (lawyer)     09 November 2008

Proclaimed Offender

Sir

      I filed a crl complaint us 138 NI Act and due to non appearance of accused court declared him Proclaimed Offender & now i want to got registered a case against accused (who has declared PO by the court in this complaint case ) of this case us 174 A IPC (New Provision in IPC)in which it is mandatory for police to get registered a case against PO accused,what procedure i have to adopt in this regard.plz guide me.Thanks



Learning

 3 Replies

prabodh kumar patel (advocate)     09 November 2008

You can file a Civil suit for recovery by attaching the property of the accused also.

Asgher Mahdi (Advocates & Solicitors)     10 November 2008

You should file a fresh Civil Suit along with ABJ under Order 38 Rule 2 of CPC, if the co-accuseds property movable/immoveables details are available to avoid further delay of the Co-accused may run away.

Advocate.S.A.Siddiq (Advocate)     05 December 2009

Originally posted by :vinod bansal
" Sir
      I filed a crl complaint us 138 NI Act and due to non appearance of accused court declared him Proclaimed Offender & now i want to got registered a case against accused (who has declared PO by the court in this complaint case ) of this case us 174 A IPC (New Provision in IPC)in which it is mandatory for police to get registered a case against PO accused,what procedure i have to adopt in this regard.plz guide me.Thanks
"

 Not necessary to file complaint before police u/s 174A , You should file  petition with affidavit  -- u/s 174A to the concern trial court. Than after file u/s 83 CRPC for attachemnet of  Property -petition with Affidavit to the same court. 

At the same time you  got order of 83 CRPC and NBW for 174A case.


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