Ni 138 case pending

M.Sheik Mohammed Ali (Querist) 10 January 2014 This query is : Resolved
Dear Experts .

Can you give me format for Cr.P.C. Section 82 and 83 for NI 138 Case, the accused conceal him self, he has not appeared single hearing, so i want to file above section, so give me model of petition or memo.

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Dr J C Vashista (Expert) 11 January 2014
There is no format as such.
U/s 82 Cr. PC publish in 2 leading newspapers, get the statement of Process Server be recorded in Court and request the Court to attach property of accused (u/s 83 Cr. PC)

Advocate. Arunagiri (Expert) 11 January 2014
S.82 is for proclamation. This order is being ordered by the court.

Even for the order for warrant, you can not file a petition.

In case of continous abasence, warrant will be ordered, even after that if the accused doesnot turnup the court will consider ordering proclamation.

There is no separate petition is required. Oral submission is enough.

M.Sheik Mohammed Ali (Querist) 11 January 2014
Thanks for expert your valuable opinion.

Rajendra K Goyal (Expert) 11 January 2014
Ready made formats if any are not provided in this section.

Raj Kumar Makkad (Expert) 11 January 2014
Every high court has its own format and this is the responsibility of the court to initiate action as desired.

prabhakar singh (Expert) 11 January 2014
Formats ,if any, would be found in Cr.P.C. itself.Draft petition as per facts.

T. Kalaiselvan, Advocate (Expert) 13 January 2014
Yes the petition can be drafted as any other petition giving the details and the grounds and prayer accordingly.

Uday Kumar (Expert) 04 May 2014
even after NBW Accused has not appeared and court noticed that accused is concealing themselves they they can declare PO/82 CRPC own in court motion, 83 CRPC is require a proper application with cogent reason that why you want to attach the property of the the absconder and court may issue separate order for this separately

Regards
advudaykumar@gmail.com

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