Catch 22 situation due to crpc 82/83, 482 & 438
crusader
(Querist) 01 April 2015
This query is : Resolved
Dear learned Seniors,
1. The accused has already filed an application for quashing of 498a case in the high court under CrPC 482. Case not yet listed.
2. AB has already been rejected by the session court.
3. AB application has already been filed in High Court, waiting for the listing.
4. Meanwhile, advocate of the '498a extortion gang' has already moved an application for the next set of proceedings under CrPC 82/83. Magistrate has initiated the process of CrPC 82.
Now, few important questions related to the same.
1. In how many days, a magistrate is empowered to initiate the proceedings of 82/83 after the issuance of NBW.
2. Even though accused does not live with his parents, is it lawful to attach the property of his parents under 82/83?
3. What is the remedy to avoid this phase of harassment?
4. Since AB application has already been filed in the high court, is he (magistrate) not liable to wait for the high court outcome rather continuing to sail in another direction.
Regards,
Legal Enthusiast
Devajyoti Barman
(Expert) 01 April 2015
1. There is not time limit. After the execution report of w/a the court can issue proclamation and attachment.
2.No unless there are also absconding.
3.Pendency of your bail application should give you breathing space.
4.Ys, magistrate should wait.
ajay sethi
(Expert) 02 April 2015
agree with Mr barman
SAINATH DEVALLA
(Expert) 02 April 2015
Dear Legal Enthusiast, act as per the advice of MR.Barman
T. Kalaiselvan, Advocate
(Expert) 05 April 2015
Though there is no time limit for initiation of action u/s 82 by magistrate, attachment of property belonging to the parents of the accused cannot be tenable and cannot be done, about the pending application for AB before high court, the magistrate is not liable to wait but as a courtesy, he may hold initiation of action under the referred sections, but again it depends on how the other side is pressurising the court.
SAINATH DEVALLA
(Expert) 06 April 2015
Trail Court cannot attach the properties owned by the parents of the accused evading NBW.This can be challenged by the parents.
Biswanath Roy
(Expert) 17 April 2015
1. Agree with the opinion of Learned Mr. Devajyoti Barman.
2. If the parents are the owners of the property no authority can attach it.
3. Agree with the opinion of Mr. Barman.
4. As the notice of A.B. application was served upon the Public Prosecutor the court has to wait till it's disposal.
