How declare proclaimed offender
Procedure to declare a person proclaimed offender
Summons, Warrants and Proclamation are the measures by which court seeks to ensure appearance of person/accused before itself, ranging from commutative to compulsive.
A Summon is an order to appear before the court usually in criminal matters through a police officer.If summons are not complied with or in extremely serious matters in the first instance only – court may issue a warrant.
Bailable warrant – A warrant is an order to a police officer usually – to procure a person before the Court. A warrant may be bailable or non bailable – in the former the police officer executing the warrant is empowered to take security for the person’s appearance before the court without taking him in custody.
Non-bailable warrant- on the other hand, when a warrant is non bailable the police officer arrests the person and produces him before the court, the court then may remand him to custody or grant bail.
Proclamation- However if the person whose appearance is sought, absconds or avoids warrants proclamation can be done. Under proclamation a person is given the final chance to produce himself – this proclamation is pasted at a conspicuous place of his residence or last known address and at the court house (also in national newspapers) giving him 30 days to appear in the court as a final chance – if he fails to – he is declared a proclaimed offender – being declared a PO has grave ramifications – a person can be arrested sans warrant by any police officer in the country. His property can be attached and sold. Usually where there is chance of person leaving country – a lookout circular is also issued seeking to rule out chances of leaving the country.
Remedy for a proclaimed offender –
if a person declare proclaimed offender, then he has to appear before the court at the any stage of the life because the validity of the order till the time when the offender not produce himself before the court who declare him proclaimed offender and once the person appear before the court then order of proclamation is automatically is disposed of .Except producing himself before the court offender can take the benefit of two other remedy which granted by the law.
Anticipatory bail –
some time person intentionally avoid the giving the appreance before the court and some time unintentionally like complainant or police give the wrong address to the court of the accused and court issue the warrant on that address and after the no- compliance of the warrant person declare the proclaimed offender . In the both of situation person can apply for the anticipatory bail against the proclamation order with giving the actual fact to the court. Ist he applied before the session court and if he fail, then before the High court.
Quashing of order of declaring proclaimed offender-
Another remedy is available for person is he can file quashing petition against the order of the proclamation. If the accused person would be appear before the court and court could be send him in the jail with immediate effect. Escaping from this situation, accused person can file the quashing petition of the order in which he was declared proclaimed offender with the prayer that he will join the court proceeding and never remain the absent on the fixed date before the trail court.