Order under section -83 of Cr.P.C.
The present application is filed by the complainant seeking relief of attachment of the property of the accused.
Ld. Advocate for the complainant has submitted that accused has been residing on the given address. Notice was served to him. Thereafter also summons issued by the court was also served to him on the same address but he has chosen not to remain present in the court. Thereafter court has issued bailable warrant and non-bailable warrant. The same have been remained unserved since long. The accused has concealed himself deliberately and avoided the execution of warrant. Complainant has also got published proclamation in the newspaper more than 30 days have been passed. Still the accused has chosen to remain absent deliberately. Therefore, the present application is filed for attachment of the property. Along with this application list of property of the accused has also been submitted along with documentary list. He has further submitted that his movable as well as immovable properties are situated in this district. To procure his presence coercive action is required to be taken as he has concealed himself so that warrant could not be executed and despite issuance of proclamation he has chosen to remain out of judicial process. Therefore, this application may be allowed and property of accused may be attached.
Considered the submission of Ld. Advocate, perused the case papers. It appears that legal notice was served to the accused in the address shown in the cause title of the case. It further appears that thereafter, summons issued by this court was also served on _____. From the rojkam it appears that court has issued bailable as well as non-bailable warrant since______ till date no warrant is executed to the accused . Therefore, it appears that the accused has absconded or concealed himself so that warrant can’t be executed. Even proclamation was also issued on ______despite issuance of proclamation accused had chosen to remain absent. It appears that he has deliberately kept out of himself from the judicial process. Looking to the provisions made in section-83 of Cr. P.C. the following order is required to be passed in the interest of justice.
Order
The present application is allowed.
The District Magistrate/ Collector is directed to seize the movable property (describe the property as per the list submitted by the Complainant) Until further order by this court.
The District Magistrate/ Collector is directed to take possession of the immovable property of the accused. (Describe the property as per the list submitted by the Complainant) Until further order by this court.
No order as to cost.
Date________ JMFC_________
Place________