STATE Vs. UMRAOKHAN

JUDGEMENT

(1.) THIS revision raises an interesting point as to the interpretation of Section 512 of the Code of Criminal Procedure, and the point is not covered by authority.

(2.) THE facts leading up to this revision may be shortly stated. The case for the prosecution is that there is a village named Kelnor in Tehsil Banner on the border of India and Pakistan within the territories of India where one Akheysingh lived. It is said that on the 7th September, 1952, certain dacoits came from Pakistan and decamped with a number of cattle belonging to Akheysingh, valued at. Rs. 3,000/- approximately. A servant of Akheysing, who was grazing them, was in charge of the cattle. The first information report was lodged at thana Chohtan on the 8th September, 1952, by Akheysingh. The names of the accused were mentioned in the first report. The police investigated the case and were unable to arrest the accused. Eventually on the 12th October, 1955, a challan was submitted under Section 512, Cri. P. C. , in the court of the Sub-Divisional Magistrate, Barmer, and it was prayed that the evidence against the accused who were residents of Pakistan and as to whom there was no immediate prospect of arrest be recorded. The Sub-Divisional Magistrate returned the challan saying that it was not alleged that the accused were absconding from their place of residence and, therefore, the provisions of Section 512, Cr. P. C. , were not attracted. A revision was preferred on behalf of the State from the above order to the District Magistrate, Barmer. The District Magistrate held that an accused can be considered to be absconding only

(3.) IT is contended by the learned Deputy Government Advocate that the view taken by the courts below is wrong and should be set aside, and it is urged that an unduly narrow meaning has been put on the phrase "has absconded". The question for determination is as to the precise meaning of the word "abscond". Does this word connote any necessary connection with the place of residence of the person said to be absconding?