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danny_p (Asst Manager)     11 May 2014

Need advise on crpc 82/83

Hello,

i need guidance for below situation. 498a FIR complaint 3 years back. Police tried to arrest the accused as per FIR but no one lives at the house where they sent summon or come up with warrants. 

Now 2 days back police did Crpc 82/83 kurki. Entered the house made a list of items get signed by neighbor and gave custody of those items to one of neighbour and said neighbour that he will be the responsible for those items in house. My question are

What could be the next step after 82/83?

Does the named people in FIR allowed to live in house and use those items?

this is outside local jurisdiction case (different state) so what is the role of local police? Could they follow the warrant and can arrest if they find someone?

Please advise...

 



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 6 Replies

danny_p (Asst Manager)     13 May 2014

There are many legal experts here in forum. Please provide your thoughts.

adv.raghavan (Advocate,9444674980)     13 May 2014

Section 82 crpc deals with proclamation order against the person  who is evading court proceeding and 83 deals with attachment of his properties. Once proclamation order is issued by the court the Offender has to appear before the  court and recall proclamation order, failing which he may be imprisoned for a period of 3 years and above. In your case sec 82 and 83 have already started, so the offender needs to make his presence in the court and recall the order. After recalling the proclamation order he can reside in the same address. Police will review PO cases regularly and they can arrest PO without any warrant.

danny_p (Asst Manager)     13 May 2014

Thanks RaghvanJi,

what i understand from above recall the 82/83 order means appear in court and get the bail. Once bail granted person can stay in house, 

Police will review PO cases regularly means local police or out of state police (different city)? Can local police arrest too? or only police where case registered.

Actually the situation is no one lives in that house except 65 years old lady whose name also included in FIR. But the time this has happened she was not in house. If she appear in court alone for bail what could be the possible outcome of court. can she get bail and get the list of kurki items back?

Please correct if my understand is incorrect. i know it has many queries.

Thanks,

adv.raghavan (Advocate,9444674980)     14 May 2014

Proclamation order issued by a trial court and its execution involves lot of process, before getting in to details, what is your locus standi in this case. Are you the complainant or accused? The way questions are put shows as though u are third party to this case. IF it is for academic interest you can seek assistance from local lawyer, further in  this regard

 coming to the questions you have put, Proclamation order can be recalled and all properties attached in this regard can be lifted after appearing in the court . Everyone should appear before the court and recall the order irrespective age, against whom order is in force.

 The Superintendent of Police periodically revises the list of POs and the names of persons accused of trivial offences or concerned in cases where from lapse of time, no sufficient evidence is on record or is procurable,are omitted after consultation with the District Magistrate and the SP of the district in which such person was proclaimed. Whenever a PO is arrested intimation is sent to the police station and district of which he was aresident so that his name can be struck off the register/list of POs. The name is likewise struck off on receiptof intimation of the death of the proclaimed person

danny_p (Asst Manager)     14 May 2014

Yes correct i am third party but very much connected to this case. Let me explain in brief. This lady is my neighbour and i am helping her to get out of this.  When FIR filed her name was included. I am trying to find out legally what is her stand. i understand its all unpredective but What law says and her legal standing for her benefit in this situation?

1. Should there be any problem in getting bail if she appears before court alone?

2. Should she be able to get her kurki items back when she get bail?

and in last

3. If she still dont appear in court then what could be the consequences?

one more thing i came to know from her that Police came 6 months back and found her in home but not arrested. And now when she was not in home they did all messup with her house. Other accused people not even live with her in house then why all problems she has to bear on everyones behalf.

danny_p (Asst Manager)     01 June 2014

update on this...Now police is saying this lady that she can stay in house. No need to appear..

It seems confusing....

and if she still dont appear what are the next action/steps as per law? after 82/83 is there provision in law to seize again other associated property, bank account etc..?

Can they come again to arrest her? some say after 83 court declare the un-appeared person as absconder....

Please provide expert thoughts...this could help someone.


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