vinod bansal (lawyer) 09 November 2008
Sir
I filed a crl complaint us 138 NI Act and due to non appearance of accused court declared him Proclaimed Offender & now i want to got registered a case against accused (who has declared PO by the court in this complaint case ) of this case us 174 A IPC (New Provision in IPC)in which it is mandatory for police to get registered a case against PO accused,what procedure i have to adopt in this regard.plz guide me.Thanks
prabodh kumar patel (advocate) 09 November 2008
You can file a Civil suit for recovery by attaching the property of the accused also.
Asgher Mahdi (Advocates & Solicitors) 10 November 2008
You should file a fresh Civil Suit along with ABJ under Order 38 Rule 2 of CPC, if the co-accuseds property movable/immoveables details are available to avoid further delay of the Co-accused may run away.
Advocate.S.A.Siddiq (Advocate) 05 December 2009
| Originally posted by :vinod bansal | ||
| " | Sir I filed a crl complaint us 138 NI Act and due to non appearance of accused court declared him Proclaimed Offender & now i want to got registered a case against accused (who has declared PO by the court in this complaint case ) of this case us 174 A IPC (New Provision in IPC)in which it is mandatory for police to get registered a case against PO accused,what procedure i have to adopt in this regard.plz guide me.Thanks |
" |
Not necessary to file complaint before police u/s 174A , You should file petition with affidavit -- u/s 174A to the concern trial court. Than after file u/s 83 CRPC for attachemnet of Property -petition with Affidavit to the same court.
At the same time you got order of 83 CRPC and NBW for 174A case.
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