How claims and objections can be filed against attachment of property of absconding person? Procedure to file objections and claims as per Section 84 of CRPC

 

Section 84 of Code of Criminal Procedure 1973 has provision regarding filing of claims and objections against attachment of property of absconding person. Provisions in CRPC are.

 

 

As per Section 84 (1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 83, within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under section 83, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part:

 

 Provided that any claim preferred or objection made within the period allowed by this sub-section may, in the even of the death of the claimant or objector, be continued by his legal representative.

(2) Claims or objections under sub-section (1) may be preferred or made in the court by which the order of attachment is issued, or, if the claim or objection is in respect of property attached under an order endorsed under sub-section (2) of section 83, in the court of the Chief Judicial Magistrate of the district in which the attachment is made.


(3) Every such claim or objection shall be inquired into by the court in which it is preferred or made:

Provided that, if it is preferred or made in the court of a Chief judicial Magistrate, he may, make it over for disposal to any Magistrate subordinate to him.

(4) Any person whose claim or objection has been disallowed in whole or in part by an order under subsection (1) may, within a period of one year from the date of such order, institute a suit to establish the right which the claims in respect of the property in dispute; but subject to the result of such suit, if any, the order shall be conclusive.

PROCLAMATION AND ATTACHMENT

Section 82 of CRPC 1973 - What is Proclamation for person absconding? How it made? Notice for PO as per Code of Criminal Procedure 1973

Section 83 of CRPC 1973 - What is the procedure of attaching property of absconding person? Courts power to attach property of absconding persons

Section 84 of CRPC 1973 - How claims and objections can be filed against attachment of property of absconding person? Procedure to file objections and claims

Section 85 of CRPC 1973 - What is the procedure for release, sale and restoration of attached property under Section 83 of CRPC? Section 85 of CRPC. How to file appeal against rejection application for restoration of attached property

 

 

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