An upset father called me from Rajasthan the other day. He was talking about his son who is working abroad. He told me that the dowry case against parents and son has been going on for the past two years. Their lawyer has dragged the case and not allowed filing of the chargesheet by the use of dilatory tactics. The judge is now insisting that the IO file the chargesheet on the next date. A look out circular has been issued against the son in this case upon the insistence of the daughter-in-law.
The father told me that the 498a wife is threatening to destroy the family and that all lawyers contacted by them are advising them to not let the son return to India. He is also worried that if the son returns to India he will not be able to go back to his place of work or will get sacked or some such combination.
I advised the father that the loss of a connection with his motherland and his parents will be much more serious for the 498a accused husband than a few days in jail, or an inability to return to his place of work. I said that it is very natural that the complainant is threatening to finish off their family. Let her bark. The main worry here is that if the young man is made a proclaimed offender then he will not be able to get bail ever after, and his case will be weakened considerably. He will be in serious danger of losing his connection with his motherland in such a situation.
The caller told me that the complainant has managed to get her husband's passport impounded. I expressed my surprise at how the son could manage to stay abroad in this case, being passport-less now. The gentleman told me that his passport is still with him. I told him that he does not understand the meaning of the word 'impound' (to seize), and that a passport cannot be impounded and remain with the concerned citizen simultaneously.
The father asked me what would happen if his son remains abroad. I explained to him that he would pretty soon be declared a proclaimed offender and will be forced to come back upon expiry of his passport if he has not managed to get foreign citizenship by then (by the date of expiry of his passport). Even if he gets foreign citizenship his connection with India will be broken forever on pain of imprisonment upon return.
He asked me what to do in that case. I advised him to come back and to face the court and to not worry about a few days or a couple of weeks in jail. The sky will not fall down if he spend a short period in jail. Even if he gets convicted there is every possibility that he will be be given a short sentence.
The behaviour of lawyers in this case is not difficult to explain. They are clearly motivated by money, and not by the welfare of their clients. Decisions should be made after consulting well-wishers too, and lawyers should not hold sway in all aspects of your matrimonial litigation.
mehnat.IN
Neil Smith 2015-12-02T21:20:18Z
Boss. you cant be declared PO under 498a... . look at PO as per CrPc
----- ------- ------ ------ ------- ----- ----- ----- ----- ----
Sec.82 Cr.P.C (herein after referred as code ) reads as follows:
82. Proclamation for person absconding:(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.
(2) The proclamation shall be published as follows:
(i)(a) it shall be publicly read in some conspicuous place of the town or, village in which such person ordinarily resides;
(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;
(c) a copy thereof shall be affixed to some conspicuous part of the court house;
(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.
(3) A statement in writing by the Court issuing the proclamation o the effect that the proclamation was duly published on a specified day, in the manner specified in clause(i) of sub-section(2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.
4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable under sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400 402, 436, 449, 459 or 460 of the Indian Penal Code (XLV of 1860) and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.
Manish 2015-12-03T05:07:24Z
Please read the text which you have posted carefully. If a court has issued a warrant against a person accused under Section 498a and he fails to appear within 30 days after the publication of the said warrant then the court can declare him a proclaimed offender.