VINAY KUMAR KEDIA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant has moved the present revision petition against the order dated 18.3.2011 passed by the learned J.M.F.C., Bhopal in Crime No.829/09 registered at Police Station, Piplani.

(2.) FACTS of the case in short are that, the applicant Vinay Kumar Kedia is declared absconded in Crime No.829/09 registered at Police Station, Piplani and therefore, the proceedings under Sections 82 and 83 of Cr.P.C. were initiated against him. Vide order dated 18.3.2011, it was directed that the property of the applicant situated at Indore be attached.

(3.) THE learned senior counsel for the applicant has submitted that an attachment warrant can be issued only after issuance of proclamation and the proclamation under Section 82 of Cr.P.C. requires for appearance of that person against whom, the warrant was issued for a fix date and the fix date should not be less then 30 days from the date of publication of proclamation. In this case, the proclamation was issued that the applicant was required to appear before the Court and on 22.2.2011. It was alleged that the order was directed to the police for issuance of proclamation on 10.1.2011 and letter was issued by the Court on 13.1.2011 but it was published in the newspapers on 8.2.2011. It was directed that the copy of proclamation be affixed at the place of resident of the applicant, where he lastly resided and also be pasted in the office of the Municipal Corporation. However, the concerned serving officer did not submit any report that such proclamation notices were pasted on the residence or office of the applicant one month prior to the date given by the Court or notice was pasted in the office of Municipal Corporation one month prior to the date given by the Court below therefore, since the notice was not served in such a manner so that clear 30 days time was given to the applicant therefore, the publication of proclamation was not done in a proper manner and hence, on 22.2.2011 no attachment order could be passed.