am A4 in one case .my friend(A1) kidnapped one minior girl .my friend (A1) surrender before police station offter one year .and police are booked false case aginest me (A1 sold the gold with help of A4). But Iam not helped the A1 .i am staying In Hyderabad.my friend staying in khammam. In 164 statement of victim my name is not mentioned.only 161 statement only my name mentioned.i got a stay from high court (not to arrest).criminal pettetion of 2014.high court Hyderabad My lawyer told me now you can go any where. I apply quash after chargesheet finished. But my lawyer not applied for quash petition .i am not attending the court 2015 to till date.NBW issued AGINEST A4.separated my (A4) case .A1 AND A2 A3 attending court regularly.present Iam in dubai .last time court writen below.
Police filed memo informing that accused No.4 is not residing at this place and presently he is at Dubai and filed report of commissioner, Nagara Panchayat, Madhira as absence of accused No.4. There were no sureties to accused No.4 a he was never arrested. Issue 82,83 proceedings against accused No.4. Call on 29.10.2018 for report.
Present Iam proclomation offender? or not
plz give idea what to do?
Dear querist,
Currently you are not a proclaimed offender, currently your NBW is not executed so the process for section 82,83 Crpc stared. For better understanding section 82 is given below.
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 publish 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.
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[(4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or
460 of the Indian Penal Code (45 of 1860), and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender
and make a declaration to that effect.
1. Ins. by Act 25 of 2005, s. 12 (w.e.f. 23-6-2006).
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(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under sub-section (4) as they apply to the proclamation published under sub-section (1).]
In case you cannot mark your present as section 82 came in process then section 83 will come in picture.
Thanks and Regards
Deepak Joshi & Associates
Mb/whatsapp +919456777600
