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4. Learned Public Prosecutor submitted that the property was attached as petitioner absconded and proclamation was issued under Section 82 of Code of Criminal Procedure and petitioner did not appear within the period mentioned in the proclamation and  though an absconding accused, on his surrender or production before the court, is entitled to get the property released, it can only be as provided under sub-section (3) of Section 85 of Code of Criminal Procedure and such an accused has to establish that he did not abscond and he was unaware of the proclamation and such an application shall be filed within a period of two years from the date of attachment and as it was not filed within the period, the petition can only be dismissed as has been done by the courts below.

5. Section 83 of Code of Criminal Procedure provides for attachment of the property of an absconding accused. Section 82 of Code of Criminal Procedure provides for proclamation for person absconding. Under sub-section (1) of Section 82, if any court has reason to believe (whether after taking evidence or not) that any person, against whom a warrant has been issued by it, has absconded or is concealing himself so that such warrant  cannot be executed, such court may publish a written proclamation requiring him to appear at a specific place and at a specified time not less than thirty days from the date of publishing such proclamation. Sub-section (1) of Section 83 of Code of Criminal Procedure provides that the court, issuing a proclamation under Section 82, may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order attachment of any property, movable or immovable or both, belonging to the proclaimed person. It also provides that where, at the time of the issue of the proclamation, the court is satisfied that the person, in relation to whom the proclamation is to be issued, is about to dispose of the whole or any part of his property or is about to remove the whole or any part of his property from the local jurisdiction of the court, it may order attachment simultaneously with the issue of the proclamation. Under sub-section (2), such order shall authorise  the attachment of any property belonging to such person within the district in which it is made and it shall authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situated. Sub-section (3) provides that if the property ordered to be attached is a debt or other movable property, attachment shall be as provided therein. Sub- section (4) provides that if the property ordered to be attached is immovable, the attachment, under the Section, shall, in the case of land paying revenue to the State Government, be made through the Collector of the district in which the land is situated and in all other cases, it shall be as provided under clauses (a) to (d).

11. Sub-section (3) of Section 85 of Code of Criminal Procedure enables an absconding accused to apply for releasing the property attached after the period specified in the proclamation, but, within a period of two years from the date of the attachment. It provides that any person, whose property is or has been at the disposal of the State Government as provided under Section 83, appears voluntarily or is apprehended and brought before the court by whose order the property was attached, may apply to release the property from attachment. But, such an application is to be filed within a period of two years from the date of the attachment. Even if an application is made under sub-section (3) within the period of two years from the date of the attachment, an absconding accused is not entitled to get the property released, unless he satisfies the court the two other mandatory conditions. The first condition is that such an absconding accused must prove to the  satisfaction of the court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant. The second condition is that such an absconding accused has to further prove to the satisfaction of the court that he had no notice of the proclamation so as to enable him to attend the court within the time specified therein. If these two conditions are satisfied and the application is filed within a period of two years from the date of attachment, the court shall release the property to him and if the property, in whole or part was sold, the net proceeds of the sale and the residue of the property shall be delivered to him, less the expenses incurred in consequence of the attachment. Therefore, the right available to an absconding accused under sub- section (3) of Section 85 of Code of Criminal Procedure is limited. First of all, the application shall be filed within a period of two years from the date of attachment. Secondly, he must satisfy  the two conditions, namely, he did not abscond or conceal himself for the purpose of avoiding execution of the warrant and also that he had no notice of the proclamation issued under Section 82 of Code of Criminal Procedure so as to enable him to attend the court within the time specified in the proclamation.

No other decision has been pointed out on this point.

18. On a proper analysis of Sections 82 to 85 of Code of Criminal Procedure, it can only be found  that when a property is attached under Section 83 of Code of Criminal Procedure, the property shall vest with the Government from the date of attachment, subject to the right of any person other than the absconding accused as provided under Section 84, either to file a petition within a period of six months from the date of attachment or a suit on the rejection of the claim or objection and also subject to the right of the absconding accused to get the property released within the period specified in the proclamation by his appearance or within a period of two years from the date of attachment on his surrender and establishing that he did not abscond or conceal himself and did not receive any notice of proclamation so as to enable him to appear before the court within the period specified in the proclamation. If the said period is over, an absconding accused is not entitled to file an application to get the property released under sub-  section (3) of Section 85 of Code of Criminal Procedure. The question whether petitioner is entitled to approach the civil court is not to be settled in this revision. It is also to be noted that in the application filed under sub-section (3) of Section 85 of Code of Criminal Procedure, petitioner has not contended that he was not absconding and that he did not receive notice of proclamation, which are mandatory to get the property released even within the period of two years from the date of attachment. But, as the petition itself is not maintainable, it can only be dismissed, as has been done by the courts below.