Magistrate / Sessions Court · Code of Criminal Procedure 1898, Sections 87 and 88
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IN THE COURT OF THE LEARNED court_grade, district
Cr. Rev. No. _____ of year
applicant_name, son/daughter of applicant_father, resident of applicant_address ... Applicant
VERSUS
absconder_name, son/daughter of absconder_father, resident of absconder_address, and THE STATE ... Respondents
APPLICATION FOR PROCLAMATION AND ATTACHMENT OF ABSCONDER UNDER SECTIONS 87 AND 88, CODE OF CRIMINAL PROCEDURE 1898
Respectfully submitted:
1. That this application is filed under Sections 87 and 88 of the Code of Criminal Procedure, 1898, seeking proclamation requiring the absconder absconder_name to appear before this Court within thirty days, and in default thereof, attachment of the property of the said absconder.
2. That applicant_name is the relationship of the accused and a concerned party in the underlying case, being case_context.
3. That an FIR was registered at police_station on fir_date for offences under fir_sections, naming the said absconder_name as one of the accused.
4. That summons were duly served upon the absconder absconder_name on summons_date at his/her known address absconder_address, calling upon him/her to appear before this Court on court_date.
5. That the said absconder_name deliberately absconded and has willfully failed to appear before this Court despite proper service of summons, thereby defrauding the course of justice and violating the legal process.
6. That the absconder's current whereabouts are unknown. Inquiry has been made through inquiry_details, but the absconder has not been traced. His/her absconding is voluntary and deliberate with intent to evade prosecution.
7. That the absconder is absconder_occupation, holding property_details in the district of property_location.
8. That proclamation under Section 87 CrPC is necessary to give the absconder public notice of thirty days to appear, and upon failure to appear, attachment of property under Section 88 CrPC shall protect the applicant's interests and compel attendance.
9. That this Court has territorial jurisdiction to issue proclamation and attachment orders as the offence and property are situated within its jurisdiction.
PRAYER
It is, therefore, most humbly prayed that this Honourable Court may be pleased to:
(a) Issue proclamation under Section 87, Code of Criminal Procedure 1898, requiring absconder_name to appear before this Court within thirty days from the date of publication;
(b) Direct publication of the proclamation in newspaper_name and at the police station and government office at publication_location;
(c) Upon default of appearance within the prescribed period, issue order for attachment of the property of absconder_name situated at property_location under Section 88 CrPC;
(d) Appoint a receiver, if necessary, to take possession of and manage the attached property; and
(e) Pass such other order as deemed just and proper in the circumstances.
VERIFICATION
Verified on oath at verification_place on this _____ day of _____, year, that the contents of the above application are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.
_____________________________ applicant_name Applicant Date: ______________ Through: _____________________________ counsel_name Advocate for the Applicant
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