Legal Question in Criminal Law in India

There are a number of cases pending u/s 138 NI ACT, in those cases accused persons have not been appearing for a long time say the last three years or more. The report of police constables are on files that accused have not been residing on the address for last many months or not traceble. Thereafter, there are three/four applications have been submitted to trial court but all in vain. The presiding Officer only takes applications only for filing. We approached high court in one case and HC ordered to issue process afterwards in that particular case accused was declared absconded. Should one have to go to High Court again and again on the same issue for each separate case wasting of time and money not only complainant or time of High court itself. I want to know whether a single case in high court can be filed for different cases pending in different trial courts for declaring them as absconded under section 82 crpc by high court itself or directions to be given to trial courts for initiating process of declaring them absconded under section crpc 82.

Asked on 12/11/11, 9:37 pm

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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declaring the accused a proclaimed offender and initiating process under 82 and 83 of crpc depends upon the facts of the case and there cannot be any straight jacket formula. it is a matter of procedure and the court needs to be convinced about the same. the case in which the HC declared an accused as a PO cannot be taken as a precedent in other case.

Answered on 12/11/11, 9:53 pm

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