Cholamandalam Vs.
Gaurav Kumar NACT/6031/2019
Present : Sh. Sandeep Kapoor Advocate for the complainant.
Proclamation of accused has already been effected on dated
29.07.2023. Period of 30 days has elapsed. Statement of serving official recorded
on 06.09.2023. Accused failed to appear in the Court despite service till date. Case
called several times since Morning. It is 1:00PM. File be put up after lunch.
(Isha Goel) PCS
Judicial Magistrate Ist Class
Amritsar/UID No. PB0477
File taken up again after lunch. Case called several times since
Morning. Neither accused nor anybody on his behalf appeared in the Court despite
elapse of statutory period after proclamation. It is already 4:30PM. No further wait
is justified. As such, the present accused is declared as Proclaimed Person.
Necessary intimation be sent to the concerned S.H.O regarding lodging FIR
against the accused under section 174-A IPC.
In view of the letter No.1810 Spl-Gaz.II.20 dated 10.12.2018, the
counsel for the complainant is directed to file the list of property of the accused
along-with the affidavit. However, counsel for the complainant suffered statement
in the Court that complainant has no details regarding moveable/ immoveable list
of property of the accused and he will file it in the Court as and when he get the
same for the proceedings u/s 83 of Cr.P.C.
As per letter No.1810 Spl-Gaz.II.20 dated 10.12.2018 it provided
that once the accused is declared Proclaimed Offender the concerned Court shall
not consign the file without complying the provisions of Section 83 of Cr.P.C. In
the present case the Court has inquired about the property of accused from the
complainant and the complainant stated that he has no knowledge regarding the
immovable and movable property of the accused at present. Therefore, this Court
is of the considered view that complainant is at liberty to file the list of property
whenever he find the same and the Court shall initiate the proceedings under
section 83 Cr.P.C. on filing list of property.
Further separate proceedings under section 83 Cr.P.C. shall be initiated
against the accused on filing of list of property. The counsel for the complainant
stated that preliminary evidence earlier recorded be treated as evidence u/s 299
Cr.P.C and closed evidence u/s 299 Cr.P.C. File be consigned to record room with
liberty to complainant to move an application for revival of the case in the event
of arrest of accused who has since been declared as Proclaimed Person.
Pronounced in Open Court. (Isha Goel)
Dated:06.09.2023. Judicial Magistrate Ist Class,
Amritsar/ UID No.: PB0477
Mukesh Kumar
Stenographer
