Law: Criminal Procedure Code (V of 1898)

Section: 88,561A

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 88 & 561-A---Attachment of property of person absconding---Application for quashment of order---Opportunity of hearing/to leading evidence not provided---Effect---Revenue record revealed that the attached property was the ownership of the accused/absconder's claim that the attached property had been transferred in her name by her husband much prior to the registration of the case against her husband, having been based upon an unregistered deed/Tamleek Nama, was not of much weight as compared to the Revenue record---Courts below, however, had disbelieved the petitioner's claim without affording her an opportunity to prove the Tamleek Nama by procuring its marginal witnesses and to rebut the Revenue record on basis of which the property had been attached---Impugned order of attachment had been passed at the back of the petitioner---Proper inquiry regarding the claim of the petitioner in terms of S. 88(6-A), Cr.P.C. should have been conducted by the Magistrate by affording her full opportunity of leading evidence---Impugned order, therefore, were against the law and principles of natural justice----High Court, quashing the impugned order, remanded the case for decision afresh---Application under S. 561-A, Cr.P.C. was allowed accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 88---Attachment of property of person absconding---Inquiry into claim/objection of interested person---Scope---Section 88(6-A), (6-B) and (6-C), Cr.P.C. provides proper mechanism for the person having interest in the property attached under S. 88, Cr.P.C.---Words 'the claim or objection shall be inquired into' in S. 88(6-A), Cr.P.C. are of much significance, which absolutely speak about inquiry in light of evidence---Claim and objection, having been preferred in terms of S. 88, Cr.P.C., is to be essentially put to judicial inquiry by the Magistrate by recording evidence giving fair opportunity of proof and rebuttal to the parties. THIS JUDGMENT DELIVERED BY: ASSADULLAH KHAN CHAMKANI, JUSTICE:--- .--- Through the instant petition under section 561-A, Cr.P.C., petitioner Mst. Bibi Roza, seeks quashment of order dated 24.09.2014,…

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