Code of Criminal Procedure Act, 1973
84.Claims and objections to attachment.-
(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.