Law: Criminal Procedure Code (V of 1898)

Section: 87,88

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code (V of 1898)--- ----Ss. 87 & 88---Constitution of Pakistan, Art. 199---Constitutional petition---Abscondance of accused---Petitioner sought direction to police officials for arrest of nominated accused persons who were declared absconders---Validity---Action against any accused could not be taken unless a proper proclamation under S. 87, Cr.P.C. was issued against him---Whenever absconding accused appeared before Trial Court and had offered some explanation and gave assurance to face trial, Trial Court was not to be languid in restoring his financial resources especially his salary and Bank accounts---Every possible effort was to be made by Trial Court as well as by police to procure appearance of an absconding accused before Trial Court---Anxiety of petitioner was that accused persons nominated in his FIR were at large and neither they were arrested by police nor did they surrender themselves before Trial Court---Police was trying diligently for arrest of accused nominated in FIR lodged by petitioner---High Court directed Station House Officer concerned to pace up his efforts while Trial Court was required to do needful in such respect---Constitutional petition was disposed of accordingly. THIS ORDER PASSED BY: FAHIM AHMED SIDDIQUI, J.--- Through the instant petition, the petitioner is seeking direction of this Court to respondents for the arrest of the nominated accused in Crime No.09/2015 lodged at Police Station Madeji on 04.02.2015 against unknown persons. However, the witnesses in their subsequent statements disclosed the names of the culprits. The police has submitted final report showing all the accused nominated by witnesses as absconders. 2. After issuance of notices, the official respondents filed their comments in which they have emphatically states that they are trying their level best for arresting the absconders and they gave assurance that they would arrest the accused persons. In response to a query, the learned counsel for the petitioner submits that the trial Court shall not be so effective in arresting of the nominated accused but he frankly admits that he does not move any application before the trial Court in…

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