Fir against accused p.o. in complaint case us 138 ni act permissible or not
Querist :
Anonymous
(Querist) 04 November 2011
This query is : Resolved
R/Experts
I Had filed a complaint us 138 NI Act,thereafter accused appeared and released on bail,when the case was fixed for final arguments ,accused absented and NBW were issued against him,but accused could not came present before court ,thereafter court start proceedings us 82/83 Crpc and issued written proclamation against accused,ultimately accused was declared proclaimed offender (PO) and complaint us 138 NI Act was consigned sine die. Now i want to lodge FIR us 174 A IPC against accused Proclaimed Offender declared in complaint case us 138 NI Act ,i want to know is it permissible or not,if yes than i have to file crl complaint in the court or i have to approach police station directly,kindly help.Regards
Satyawan
Shonee Kapoor
(Expert) 04 November 2011
Query is not clear.
Only court can issue anyone PO.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 04 November 2011
in case of complaint filed against accused if accused refuses to appear inspite of bailable / non bailable warrant be issued then in such case accused can be declared a proclaimed offender by the court
Querist :
Anonymous
(Querist) 04 November 2011
R/Experts
I Had filed a complaint us 138 NI Act,thereafter accused appeared and released on bail,when the case was fixed for final arguments ,accused absented and NBW were issued against him,but accused could not came present before court ,thereafter court start proceedings us 82/83 Crpc and issued written proclamation against accused,ultimately accused was declared proclaimed offender (PO) and complaint us 138 NI Act was consigned sine die. Now i want to lodge FIR us 174 A IPC against accused Proclaimed Offender declared in complaint case us 138 NI Act ,i want to know is it permissible or not,if yes than i have to file crl complaint in the court or i have to approach police station directly,kindly help.Regards
Satyawan
Querist :
Anonymous
(Querist) 04 November 2011
Kindly per sue sec 195 of Crpc also.Thanx
Raj Kumar Makkad
(Expert) 04 November 2011
Vinod Bansal ji! You have asked similar query in various shapes. Perhaps you might have been able to get the desired reply.
Querist :
Anonymous
(Querist) 05 November 2011
With due respect Prabhakar Sir, i m not mocking, in fact i am stii waiting for proper reply from Ld. experts, reason for repeated query is to clear the query......Regards
Arun Kumar Bhagat
(Expert) 07 November 2011
Sec. 174 A IPC ? I could not get probably it is newly inserted and I am having old edition.
Private Individuals are debarred from filing case u/s Sec. 172 to 188 IPC. It is meant for only Public Servant. It is non-cognizable offence hence Police can not investigate.
Hope the querist thirst is now Quenched.
Advocate. Arunagiri
(Expert) 28 November 2013
Mr.Arun Kumar Bhagat. I have just today saw this post.
Please see the S.174A IPC as amended as per Amendment Act 2005 in IPC
*[174A. Non- appearance in response to a proclamation under section 82 of Act 2 of 1974 .- 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 for a term which may extend to three years or with fine or with both, and where a declaration has been made under sub- section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.";]
V R SHROFF
(Expert) 28 November 2013
WELCOME:
VERY GLAD TO SEE YOU Shri ARUNAGIRI;
Query is too old...
