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Absconder

When some of several accused persons against whom a case is pending are not traced, or could not be served with summons or could not be arrested and produced before the Court or absconded after attending the Court for some adjournments, the case may be split up against them and given a separate case number, while continuing the case with the old number against the other accused who have not absconded.

Obviously there will not be any occasion for assigning a different case number when the sole accused absconds.

The procedure to be followed when an accused person absconds is indicated in Sections 82 to 85. When an accused person absconds NBW is issued for his apprehension and production before the Court.

The Police take sometime to execute the warrant, It will be appreciable if the

Court issued periodical reminders to the Police urging them to execute the

warrant or to submit a report if it is found that the warrant cannot be executed

for the reason that the whereabouts of the accused are not known, and after

such a report is received from the Police together with the unexecuted NBW,

the Court should issue a proclamation directing the accused to appear before

the Court on a specified date.

Simultaneously with the issuance of the proclamation an order for the

attachment of the movable or the immovable property of the absconding

accused may also be forwarded for due execution.

Attachment is effected by one of the methods mentioned in Section 83 if the

accused owns property. If he does not own any property a report to that effect

would be sent by the VAO to the SHO who forwards it to the Court along

with the report showing that proclamation has been duly effected.

Simultaneous orders for attachment would be issued along with the proclamation only if an affidavit is filed by the prosecution that the absconding accused is about to dispose of his properties.

If the absconding accused appears before the Court in obedience to the proclamation within the time prescribed therein, the property should be released from attachment. But if he does not appear, the property attached may be sold but not before six months from the date of attachment.

If the absconding accused does not appear in response to the proclamation and there is no likelihood of his being arrested in the near future the Court should issue summonses to the prosecution witnesses cited in the charge- sheet or the complaint and record their depositions under Section 299.

Thereupon the entire record should be submitted to the Sessions Judge who passes orders transferring the case to the register of Long Pending Cases (LPC) and the case will accordingly be given a LPC number by the trial Court.

Thereafter the Magistrate once again issues NBW and forwards it to the SHO for execution and it is better keep on issuing periodical reminders, so as to keep the police awakened. As and when the accused person is apprehended and is produced before the Court, the case is F§§t5red to its original number and inquiry or trial is proceeded with according to law.

At such an inquiry or trial the statements recorded under Section 299 may be used as prior statements for the purposes of Section 145 of the Evidence Act. If all efforts to secure the presence of the accused have failed, the Court addresses the Superintendent of Police to withdraw the case.

Generally, if the offences are not of a grave nature, sanction for withdrawal

would be granted and the Assistant Public Prosecutor (APP) files a memo

withdrawing the case. With that the whole proceedings come to a close.

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