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Form No. 5 of Code of Criminal Procedure

Form No. 5

Proclamation requiring the attendance of a Witness

See sections 82, 87, and 90

WHEREAS complaint has been made before me that _________ (name, description and address) has committed (or is suspected to have committed) the offence of _________ (mention the offence concisely) and a warrant has been issued to compel the attendance of _________ (name, description and address of the witness) before this Court to be examined touching the matter of the said complaint; and whereas it has been returned to the said warrant that the said _________ (name of witness) cannot be served, and it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant);

Proclamation is hereby made that the said _________ (name) is required to appear at _________ (Place) before the Court of _________ on the _________ Day of _________ next at _________ O'clock to be examined touching _________ the offence complained of

Dated, this _________ day of _________, 20 _________

(Seal of the Court)

(Signature)

 

 

 

Form No. 6 of Code of Criminal Procedure

Form No. 6

Order of attachment to compel the attendance of a Witness

See section 83

To the Officer in charge of the Police station at _________

WHEREAS a warrant has been duly issued to compel the attendance of _________ (name, description and address) to testify concerning a complaint pending before this Court, and it has been returned to the said warrant that it cannot be served; and whereas it has been shown to my satisfaction that he has absconded (or is concealing himself the avoid the service of the said warrant); and thereupon a proclamation has been or is being duly issued and published requiring the said _________ to appear and give evidence at the time and place mentioned therein;

This is to authorise and require you to attach by seizure the movable property belonging to the said _________ to the value of rupees _________ which you may find within the District of _________ and to hold the said property under attachment pending the further order of his Court, and to return this warrant with an endorsement certifying the manner of its execution.

Dated, this _________ day of _________, 20 _________

(Seal of the Court)

(Signature)

 

 

Form No. 7 of Code of Criminal Procedure

Form No. 7

Order of attachment to compel the appearance of a Person Accused

See section 83

To _________ (name and designation of the person or persons who is or are to execute the warrant).

WHEREAS complaint has been made before me that _________ (name, description and address) has committed (or is suspected to have committed) the offence of _________ punishable under section _________ of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said _________ (name) cannot be found; and whereas it has been shown to my satisfaction that the said _________ (name) has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published requiring the said _________ to appear to answer the said charge within _________ days; and whereas the said _________ is possessed of the following property, other than land paying revenue to Government, in village (or town), of _________ in the District of _________, viz _________, _________ and an order has been made for the attachment thereof;

You are hereby required to attach the said property in the manner specified in clause (a), or clause (c ), or both1, of sub-section (2) of section 83, and to hold the same under attachment pending further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution.

Dated, this _________ day of _________, 20 _________

(Seal of the Court)

(Signature)

 

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