Now Once The Person Is Declared PO By Court, Complainant May Get The Certified PO Order And Give Details Of Accused In PO Cell Of City.
Complainant Whenever Knows About The Location Or Movement Of PO Can Seek Support Of Local Police To Get The PO Arrested In Chandigarh, Panchkula, MOHALI, KHARAR, DERABASSI, ZIRAKPUR AND OTHER ADJOINING AREAS.
Any Police Officer Without The Order Of Magistrate Can Arrest The Accused. Also Private Can Also Do So But At His/Her Own Risk.
Also Read- PO (PROCLAIMED OFFENDER) ARRESTED CHANDIGARH PANCHKULA MOHALI
Procedure For PO Proceedings:
- Proclamation Be Pasted/Read In Some Conspicuous Place Of Such Town Or Village Where The Accused Ordinarily Resides.
- Pasted On Conspicuous Part Of The House As Well As Court.
- Court May In Its Discretion Can Publish In Local Daily Or Newspaper.
- Then Court Gives Statement.
How To Cut PO (Proclaimed Offender) Arrested CHANDIGARH, PANCHKULA, MOHALI.
PO In Short And Proclaimed Offender Otherwise Finds Mention In Section-82 Of Crpc (Criminal Procedure Code).
Also Read- CANCELLATION OF PO ORDER BY HIGH COURT
- Proclamation for person absconding.
(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.
(2) The proclamation shall be published as follows:-
(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;
(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;
(c) a copy thereof shall be affixed to some conspicuous part of the Court- house;
(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.
(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub- section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.
Also Read- If Proclaimed Offender or Po by Court, Then Read This.
As Per Code, If The Person Is Avoiding Presence Before The Court Where He Is Required As Per Law, Courts Can Procure His Presence By First Issuing Bailable Warrants, Then Non-Bailable And Finally Declared Him Proclaimed Offender By Following Due Procedure Of Law As Per Code.
Once The Person Is Declared PO, His Assets And Properties Can Be Attached As Per Section-83 Of The Crpc.
Also Read- Arrest of a Proclaimed Offender
- Attachment of Property of person absconding.
(1) The Court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person: Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to, be issued,-
(a) is about to dispose of the whole or any part of his property, or
(b) is about to remove, the whole or any part of his property from the local jurisdiction of the Court, it may order the attachment simultaneously with the issue of the proclamation.
(2) Such order shall authorise the attachment of any property belonging to such person within the district in which it is made; and it shall
authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.
(3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made-
(a) by seizure; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the State Government, be made through the Collector of the district which the land is situate, and in all other cases-
(a) by taking possession; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(5) If the property ordered to be attached consists of live- stock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court.
(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908 ).
Also Read- PROCLAIMED OFFENDER PO Criminal Legal Advice Free Online
Here’s A Particular Case:
- Audi Tavera Accident Case Of July 2013 Where 3 Person Died.
- Court Issued Warrants In February And Directed SHO Sector 17 To Bring The Accused.
- On March 9, Accused Did Not Appeared And Court Initiated PO Proceedings To Declare Him PO.
- Now The Case Is Listed For March 26 For Compliance In Its Order That Proclaimation Was Done On A Specified Day In Manner Prescribed Under Clause (1) Of Sub-Section (2) Which Will Be Proof Of That Due Procedure Has Been Complied With.
- Lastly Declaration To That Effect Will Be Pronounced By Court.
Also Read- You can also find list of proclaimed offenders online on the website of ecourts of your district. For e.g Mohali Consolidated reports of all the cases in which accused have been declared as Proclaimed Offender/person and also the proceedings have been duly initiated under Section 83.Cr. P.C. in all courts relating to the Mohali Session Division for the month of February 2019 can be accessed here.
Attachment Order Under Section 83 Can Only Be Complied With If Section 82 Compliance Is Made. Now From The News Where PO Arrests Have Been Made In Past.
1) Proclaimed Offender Cases NDTV
2) Proclaimed Offender Cases Times
3) Chandigarh: Builder wanted in 50 cases held
4) Gurugram police compiling a list of 770 proclaimed offenders, to arrest them in three months
5) Three arrested in theft case
6) Mohali: Sunny Enclave promoter arrested in ₹2-crore cheque bounce fraud
7) 164 criminals held in one month in Gurugram
Now What Remedy Lies With Accused In Case He Feels That Justice Is Not Done. He May :
- Apply For Interim Bail From Sessions Court Or Punjab Haryana High Court Chandigarh Or Surrender Before The Trial Court.
- Also, He May Go For Quashing Of PO Orders Only In High Court Chandigarh.
- Quashing Of FIR Is Also Maintainable.
Rest Top/Best/Expert Criminal Lawyers In Tricity (Chandigarh Panchkula Mohali Zirakpur Derabassi Kharar) Be Of Best Use To You.
Also Read- PO Orders Set Aside by the High Court Chandigarh
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