Attach property of accused escaped abroad
askar
(Querist) 29 July 2015
This query is : Resolved
Under 340 (also 191, 199, 499)court filed cc and sent summon to accused which is not delivered later arrest warrent also issued. But accused went abroad.
1. Can I ask the court to attach her family propery which she have 1/5 ownership?
2. Court recently dismissed my request to issue an order to Police to alet the Emigration Dept about the arrest warrent of the accused. What can I do next in this regard?
M/s. Y-not legal services
(Expert) 29 July 2015
if the accused abscond mean court will initiate the surety proceedings only. criminal proceedings will be entirely different from civil proceedings.
P. Venu
(Expert) 30 July 2015
Please furnish the material background of the case.
You had raised same issue earlier also in a piecemeal manner.
Guest
(Expert) 30 July 2015
History of the case is necessary to be discussed.
askar
(Querist) 30 July 2015
Any expert have any suggestion for futher proceedings in the absence of accused? Otherwise I have to wait until she comeback as advised by my counsel, which is unlikely in the near future.
Rajendra K Goyal
(Expert) 30 July 2015
Full case file need to be referred, consult your lawyer / some other senior lawyer for second opinion.
askar
(Querist) 30 July 2015
Can I request actions under Sections 82, 83 to the court for the above case? Please advise...
Guest
(Expert) 30 July 2015
Either your query is merely of an academic nature, not being a real case, or you don't want to share the bqasic necessary information. In the absence of background history in court cases, any blind folded suggestion can be harmful for the litigant.
So, if unable to give proper description of the case, be satisfied with your present lot and wait for your imaginary defendant indefinitely.
askar
(Querist) 30 July 2015
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Can I Use the same Pls comment.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 717 of 2011()
1. P.T.SATHEESH, S/O.BALAN, AGED 29 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.K.M.JAMALUDHEEN
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :09/03/2011
O R D E R
THOMAS P JOSEPH, J.
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Crl.M.C.No.717 of 2011
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Dated this 09th day of March, 2011
ORDER
Petitioner is accused in Crime No.454 of 2007 of Kondotty Police Station and C.C.No.339 of 2008 of the Court of learned Judicial First Class Magistrate (Forest Offence), Manjeri for offence punishable under Sec.379 of the Indian Penal Code. He is alleged to have committed theft of gas cylinders belonging to and from the possession of de facto complainant. Police submitted Annexure-B final report in the Court of learned Judicial First Class Magistrate, Malappuram. Therefrom the case was transferred to the Court of learned Judicial First Class Magistrate (Forest Offence), Manjeri. Petitioner is now working abroad and steps against him have been initiated under Secs.82 and 83 of the Code of Criminal Procedure, apart from a non bailable warrant issued to him. Petitioner wants to come back and appear in Court. In the meantime it is requested that proceeding against him may be kept in abeyance. I have heard learned Public Prosecutor also.
2. Learned counsel submits that petitioner is coming to his native place on 14.04.2011 and is prepared to surrender before learned Judicial First Class Magistrate (forest offence), Crl.M.C.No.717 of 2011 Manjeri before 20.04.2011. Having regard to the circumstances stated, it is directed that coercive steps against petitioner will stand in abeyance until 20.04.2011. It is open to the petitioner to appear before learned Judicial First Class Magistrate (forest offence), Manjeri before that date and seek appropriate reliefs as per law.
This petition is disposed of as above.
(THOMAS P JOSEPH, JUDGE) Sbna/-
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Can I request actions under Sections 82, 83 to the court for my case? Please advise...
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askar
(Querist) 04 August 2015
Dear experts, Pls reply
P. Venu
(Expert) 04 August 2015
It would be more appropriate if appropriate direction is sought from the High Court itself.
