CrPC 84 — Claims and objections to attachment

Code of Criminal Procedure, 1973

Statutory text

(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 event 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 sub-section (1) may, within a period of one year from the date of such order, institute a suit to establish
the right which he claims in respect of the property in dispute; but subject to the result of such suit, if any, the order shall be conclusive.

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