Sujata,
This is he third time U have trespassed into another query,UR query gains importance and the original query gets deprived of requisite suggestions.Post a new thread.
Vidyaji,
An Sc judgement states that proclaimed offender cannot be granted Anticipatory bail . In the above case the husband can be declared as procliam offender as he was absconding from 3 years.
If "Somebody" is not going to appear in Court on Court Warrant than the Judge will Issue Non-Bailable Warrants against him under Section 70 of the Code of Criminal procedure.
THis Warrant under Section 70 will give powers to the Police to arrest him at any moment at any place [even by breaking doors and walls of your house or the place where he is trying to hide form the arrest].
If even after Non-Bailable Warrants you don't care to appear in Court than the Judge can declare you "Proclaimed Offender" under Section 82 and 83 of the Code of Criminal procedure.--- The meaning of being declared as proclaimed Offender is that you can be arrested by ANY citizen of India at any time -- any place. Your passport will be automatically confiscated so that you don't go out of the country. -- if at the time of being declared proclaimed offender you are doing any Government Job -- You will be expelled and if not you cannot apply for any government job at any level throughout your life-- even if you are declared proclaimed offender only for One day.
So. Don't try to play dirty games and do appear in Court of the next date of hearing which must had been informed to you by the Court through summons.
Section 70 of the Code of Criminal procedure--
70.Form of warrant of arrest and duration.- (1) Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court.
(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.
Section 82 and 83 of the Code of Criminal procedure--
82.Proclamation for person absconding.- (1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may public a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation. (2) The proclamation shall be published as follows:-
(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;
(b) it shall be affixed to some conspicuous part of the house or homestead in which such
person ordinarily resides or to some conspicuous place of such town or village;
(c) a copy thereof shall be affixed to some conspicuous part of the Court-house;
(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.
(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (I) of sub-section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.
83.Attachment of property of person absconding.- (1) The Court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person:
Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or otherwise that the person in relation to whom the proclamation is to be issued, -
(a) is about to dispose of the whole or any part of his property, or
(b) is about to remove the whole or any part of his property from the local jurisdiction
of the Court,
it may order the attachment simultaneously with the issue of the proclamation.
(2) Such order shall authorise the attachment of any property belonging to such person within the district in which it is made; and it shall authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.
(3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made-
(a) by seizure; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; on
(d) by all or any two of such methods, as the Court thinks fit.
(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the State Government, be made through the Collector of the district in which the land is situate, and in all other cases-
(a) by taking possession; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the payment of rent on delivery of property to
the proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court.
(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908(5 of 1908).
