rajendra prasad 11 June 2021

CrPCmoveable property seizure during trial

if a person has commited many traffic violation. the magistrate is conducting trial and the accused is not appearing. under what provisions of CrPC he can order the vehicle to be seized to compel appearance

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Nirali Nayak 13 June 2021

Hello sir, greetings of the day.
As per your query, if a person has commited many traffic violation. And when the magistrate is conducting trial, the accused is not appearing. Then under Section 83(3) of CrPC the magistrate can order the vehicle to be seized and compel it to appear before the Court. Section 83(3) in The Code Of Criminal Procedure, 1973, states that, If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made by seizing such property, or by appointing a receiver, or by issuing an order which will obstruct such property from being delivered to the proclaimed offender or someone who might receive it on his behalf; or in anyother way that the Court deems fit.
Hope this solves your query.
Regards
Nirali Nayak
Law student

Pallavi Iyer 21 June 2021

I registered an FIR for a stolen mobile phone in Nov 2020. Yesterday(20/06/2021) I got a call from police station asking for a court order for its possession. How to obtain it? Is it necessary to go through lawyer? Is the process online?