Law: Criminal Procedure Code (V of 1898)

Section: 87, 88, 89, 439

(a) Criminal Procedure Code (V of 1898),   Ss. 87 and 88 (1)---Proceedings transferred after issue of proclamation ---Transferee Court, held "Court issuing proclamation" and there fore competent to order attachment.   Where proceedings under sections 87 & 88, Criminal P. C. are transferred after issue of proclamation, the transferee Court should be considered the Court "issuing the proclamation" within meaning of section 88 (1). The transferee Court is therefore competent to order attachment without any fresh proclamation.   (b) Criminal Procedure Code (V of 1898),   Ss. 87, 88, 89 & 439---Offender, failing to apply for restoration of attached property within terms of S. 89, not entitled to any remedy by way of revision under section 439.   Held, that although requirements of section 87, Criminal P. C. are mandatory and non-compliance with them will render the proclamation null and void, yet if the proclaimed offender does not come within two years of attachment of his property. to claim restoration of same within terms of section 89, Criminal P. C., he has no remedy by way of revision under section 439.   If an offender does not avail of sections 87, 88 and 89, Criminal P. C., which form a complete Code in themselves, he must suffer the consequences of his failure.   Muhammad Yousaf Saraf for Fazaldad proclaimed offender.   Muhammad Yahya Cheema for Petitioner.       (ORDER CF REFERENCE)   ABDUL HAMID KHAN, J.----This is a reference by the Sessions Judge Mirpur dated 13th November 1956, in which he has recommended that as the provisions of sections 87 and 88, Criminal P. C. were not strictly adhered to while auctioning the immovable property of Fazal Dad, the proclaimed offender, suitable orders may be passed.   One Abdul Ghani son of Ghulam Haider, caste Arain, had lodged a complaint under section 498/ 109, A, P. C. against Mst. Rabia Bibi and Phalla (Fazal Dad) and others on 24th April 1952. Mst. Rabia Bibi and Phalla did not appear and were, therefore, proceeded against under section 512, Criminal P. C. on 13th December 1952. In the same order it was ordered by the…