Is ex party possible in criminal case

Amit Joshi (Querist) 22 March 2024 This query is : Resolved
I have filed Criminal Complaint against 4 persons u/s 420, 468, 34 of IPC. Court has issued Process u/s 204 CrPC against all 4. 2 of them appear before court but on 2, summons and Warrant issued to them on their regular Address. Earlier, when Civil Court issued summons to them, they appear before Civil Court From the same Address. Basically they are absconded. I planning to give CrPC 82 (Proclamation) and 83 application to Court. But, if Even After completion of CrPC 82 and 83 Complaince, those 2 accused didn't appear,
(1) Can I request Court to go Ex Party Against them ?
(2) IF Not, What will other Remedy I have so that I can put forward my case progress ?
(3) Is New CrPC law, which was expected to be enforced w.e.f. 1st July, 2024, has any such provision which enables me to get Justice ?

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In criminal cases, it's generally not possible to proceed ex parte against an accused who absconds. While you can initiate procedures like CrPC 82 (Proclamation) and 83 (attachment of property), the court cannot proceed without the accused's presence. Your advocate's role is to help locate the accused, and it's your responsibility to provide their address through your own efforts. If the accused remains absconded after these procedures, they can be arrested without a warrant.

kavksatyanarayana (Expert) 22 March 2024
What is the opinion of your advocate?

Amit Joshi (Querist) 22 March 2024
He is asking me to get address of those accused, but even after reasonable search I can't find them. I just want to know that if someone hide oneself after committing crime, and advocate just ask search them anyhow then how can justice be delivered ? I am asking any legal remedy so that I can fight for justice.

T. Kalaiselvan, Advocate (Expert) 23 March 2024
There is no provision for setting an accused exparte in a criminal case.
Your advocate cannot fetch the address of the accused, it becomes your duty to manage to get it through your own sources. Don't jump into new law so soon, let it be implemented first after which you can ensure its applicability to your case.

Amit Joshi (Querist) 23 March 2024
If I didn't able to get their address, what will happen after CrPC 82 or 83 procedure ? Will Court stops there and doesn't go further...if they absconded what is my fault in it!

T. Kalaiselvan, Advocate (Expert) 23 March 2024
Further, a court can now order the attachment of movable and / or immovable property of such a person, which may even be done at the time of issuing the Proclamation itself [Section 83]. If a person appears thereafter, the attachment of property stands rescinded where the property has not yet been sold.
Also a Proclaimed Offender may, however, be arrested by any police officer without any order from a Magistrate and without a warrant. Any private person may arrest a PO and hand him over without unnecessary delay to a police officer/ nearest police station.

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