Fir us 174a ipc against po

vinod bansal (Querist) 19 September 2011 This query is : Resolved
Respected Members LCI
In a complaint us 138 NI act Court declare accused proclaimed offender and send a copy of PO order to concerned police station,i want to know that police is duty bound to register FIR straight way against PO as and when police received copy of PO order or i have to file a crl complaint on behalf of my client i.e. complainant in 138 complaint in the concerned court, or police can register FIR us 174A ipc only after his arrest.Kindly advice.Regards

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prabhakar singh (Expert) 20 September 2011
if proceedings u/s 82(1)Cr.P.C.has been completed by publication of proclamation,and accused did not attend the court,the offence u/174a is complete,police need to arrest the accused."Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub‑section (1) of section 82 of the Code of Criminal Procedure, 1973 shall be punished with imprisonment ....................."

BUT IF IT IS AN ORDER UNDER SECTION 174 THEN POLICE WILL HAVE TO PROCEED FOR S82Cr.P.C.

Guest (Expert) 20 September 2011
yes it is correct.

Guest (Expert) 20 September 2011
i agree with Mr. Prabhakar

Raj Kumar Makkad (Expert) 20 September 2011
FIR is not required to be lodged. Only order of Court is sufficient. Section is for meant of issuing proclaimation and not for lodging FIR.

Shastri J.K. (Expert) 20 September 2011
i agree with Mr.raj kumar makkad .

vinod bansal (Querist) 20 September 2011
Respected Experts
Kindly advice some more in view of section 195 of crpc in this regard.Thanx

girish shringi (Expert) 23 September 2011
You are a learned advocate,manage the case at police and get the justice in favour of your client,that will be much better.

I am junior,so CHHOTE MOOOH BADHI BAAT.

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