Accused not finding
Amit Joshi
(Querist) 29 November 2023
This query is : Resolved
I have filed Private Criminal Case for offence u/s 420, 468, 34 of IPC. Court has issued summons/warrant to accused no. 1 to 3.
Accused no. 3 has appeared but 1 and 2 has not been finding on there regular address. Actually, they are absconding. I didn't able to locate them.
Can I continue case against them as ex-parte or its mandatory to me to get them to court.
What legal remedies are available to me otherwise ?
S.JEEVAGAN, Madurai.
(Expert) 30 November 2023
Sir,
You can't set the accused ex-parte in the criminal cases like yours. If summons couldn't be served, you can pray to the court for issuance of arrest warrant against the accused
If the arrest warrant couldn't be executed by the police, then you can move an application to the court for declaring the accused as proclaimed offenders/ absconders.
If the offenders/ accused still didn't surrender to the court by submitting to the court that they did not abscond but they were not aware of the criminal cases having been filed against them, then you can move an application for attachment of the property of the accused, if any, in India.
If you feel that the accused is likely to leave the country when arrest warrant is still to be executed, then you can get an order for LOC ( Look out circular) against the accused so that the accused will be prevented in the Indian airport from leaving the country.
In case, the accused had already left the country, then he will be arrested the moment he gets down in the Indian soil.
This is how you can pressurize the accused / offenders to appear before the court and face the trial in your case filed against them. However, it is a different story that many heinous offenders / economic offenders are able to manage everything and go scot-free, thanks to some political calculations.
Sudhir Kumar, Advocate
(Expert) 30 November 2023
ex-parte proceedings in criminal courts are proposed in new criminal law bill which is yet to be passed by both house
Amit Joshi
(Querist) 30 November 2023
Thank you very much Shri S. Jeevagan Ji and Shri Sudhir Kumar Ji....
T. Kalaiselvan, Advocate
(Expert) 01 December 2023
There is no provision in crimninal law yet to set accused as exparte.
You may follow the steps as suggested by the expert above in furtherance.
Amit Joshi
(Querist) 01 December 2023
Thank you Shri T. Kalaiselvan Ji
