Since petition for quashing is pending in HC parents would not be declared as proclaimed offenders 

2) kindly clarify whether any stay order has been passed by HC for proceedings pending before trial court 

3) actually your parents should cooperate with investigations and come down to India apply for Anticipatory bail from sessions court 

4) they can with court permission travel abroad 

1. No. If any Court has reason to believe that any person against whom a warrant of arrest 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 specified place and at a specified time not less than 30 days from the date of publishing such proclamation. Where a proclamation published is in respect of a person accused of certain specified heinous offences and such person fails to appear at the specified place and time required by the proclamation may pronounce him a ‘Proclaimed Offender’. Police cannot do so, only criminal court has powers in this respect.

2. Once a person is declared as an absconder/proclaimed offender in a criminal case, he/she will not be entitled to the relief of anticipatory bail as per the ruling of Supreme Court of India in State of Madhya Pradesh vs. Pradeep Sharma (Crl) Appeal No. 2049 of 2013, Arising out of SLP (Crl) no. 4102 of 2013. It is better to go in for quashing the PO order in high court.

3. Anticipatory bail is not possible due to the reason mentioned above. You can only apply for anticipatory bail after the proclaimed offender order has been quashed. No accused should come to India before that, else they'll be arrested.

Hi,

Police may take some steps to ensure your parents appearance but to avoid that a miscellaneous application may be filed in the quashing case itself stopping police for further action against the parents. It is possible that your lawyer might have moved this application at initial stage itself. You may talk to your lawyer in this regard.

1. Police cannot declare someone as PO, only court can do so. Court declares an accused as proclaimed offender after the NBW issued against him cannot be executed and he continues to evade the court.

2. Since your parents have not yet been able to obtain any relief in FIR quashing petition owing to the case being unreached in the HC, they should apply for anticipatory bail so that NBW is not issued.

3. Once accused is declared PO no court ordinarily grants any indulgence to him. Let them apply for AB.

You can file application in HC for stay pending hearing and final disposal of petition 

41A. Notice of appearance before police officer. – (1) The police officer *[shall], in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.

(3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.

**[(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.”

1. Even for the stay application to be heard and decided the case has to be reached.

2. The prayer for stay does not necessarily, unless the rules of High Court mandate, have to be made in a separate application. In the main petition itself the prayer for stay can be made, as is the practice in most High Courts,

Hi

The said application can be moved now also, if not moved initially. It is also possible that your lawyer might have made similar prayer. So, it's sincere advise to first discuss with your lawyer and if no such application moved or no such prayer made, file a fresh application under section 482 of cr pc for stay. it is informed that high court is empowered to pass any order under jurisdiction of section 482 Cr PC.

If you don't want to come in India than arrange a lawyer and on behalf of your parents get AB and reply to email that parents are not feeling well due to old age or senior citizen they are medically unfit to perform travelling.

Ask your brother to be available on video conferencing in the court 498a case. 

You will get sufficient time before being extradited to India. It would be a lengthy process and you can also defend in foreign court there.

Expedite your case in India to get the stay on the 41A notice or quashing it.

You shall have time so not to worry so much. No need to come India immediately.

You can take anticipatory bail and cooperate with investigation. If you don't do they may arrest you if needed. No proclaimed offender declaration takes time. You can stay the same in HC. You need to take directions from HC that they are just roped in and their presence is not needed

Better apply for anticipartiy bail too. Reply to 41a notice via mail. Contradicting her allegations in FIR.

In quash petition, should have prayed for stay on investigation till quash petition decides.

File now if not filed. And competency of advocates also matters. 

1. Look out circular can be issued against your parents. 

2. See you need to seek interim relief of no coercive action in the quashing proceedings.

3. See pending the quashing if stay is granted on trial and also they are not coming then they are safe.

See in the quashing petition only prayer of stay can be made. No specific spection for same is there.

1. As per law, police has no power to declare anyone as Proclaim offender , except court.

- Police has issued 41 notices for appearance before him for enquiry/investigation purposes under the lodged FIR by the wife of the younger brother , and till date no chargesheet has been filed in the court.

-  When the chargesheet in the case will be filed , then court will issue summon for appearance , and further , in case of non appearance , court will issue NBW first.

2. No need to file any application before the court for early hearing , as there is no order of P.O.

- How , you came to know regarding the P.O.?

3. Insturct you lawyer , to take anticipatory bail on the ground of old age parent and living in abroad , or wait for the quash of FIR.

You can file a stay application even now.

As per the recent Supreme Court verdict, 41A notice is mandatory before arresting the accused, hence you have been served with the notice and as per the law you cannot be arrested, only after the interrogation of Section 41A, if the police is not satisfied can arrest accused later. 

If the fir quashing petition is pending in the high court the police will not take any action. The high court must have stayed for any coercive action by the police till the next date.

If it has not then too wait till the date.

Regards 

The stay order must have been file along with the petition. What dies the order say? Has it only issued notices nothing else? The lawyer must not have argued this aspect of the matter.

Regards 

No police cannot declare your parents and proclaimed offender in case of 498A. 

No need to make application. But if you want to then you can make application for anticipatory bail for your parents. 

1.  The police will not take any action to declare them as PO so soon, they may report this matter to the court after filing the charge sheet that the accused are absconding hence seeking to declare them as PO, this will take time, in the meantime you may pursue the quash petition properly.

2. No, you cannot do anything about it except to appear before police  in order to stop them from going ahead, however you need not worry, because they cannot take any hasty steps in this regard without following the proper procedure of law.

3. Let them remain in that country itself if they do not want to return, nothing will happen neither the police will be to get them back to India.

Your lawyer should have moved the stay petition also simultaneously.

In any case he may follow it up properly during the next hearing and get an order of quash mentioning their age as reason as well as other reasons which are in their favor.

Dear Sir,

Notice u/s 41a CrPC is a formal intimation to accused that they going to arrest accused on cognizable offence ( based on the inquiry ) . As long as you are co-operating for the investigation, police 'may not' arrest you. ... Getting order for AB is based on the investigation.

How NRI is declared Proclaimed Offender (PO)

An accused can be declared PO at any stage of trial or even during police investigation.

• When police investigation starts after lodging of First Information Report (FIR), and the police is unable to find the accused person, the police makes an application in the court for the arrest warrants of the accused. The court accepts the application for arrest warrants and an order is passed.
• If accused has appeared before the court in FIR case and then stops appearing, court issues arrest warrants.
• In a private complaint case, if accused does not appear despite of notice, court can start PO proceedings.

With the help of arrest warrants, police raids several places and takes statements of persons residing near the Indian address of the accused. In case no such last known address is available with the police, the police informs the court about this fact. If the police is unable to trace the accused, proclamation under section 82 and 83 of Criminal Procedure Code is issued against the accused by an order of the court. After proclamation has been issued, statement of the serving Constable is recorded in the court. Generally, on the date statement of serving Constable is recorded in the court, an accused person is declared proclaimed offender.

In case the accused NRI does not want to visit India during his lifetime, he should not be worried at all about this. There are very less chances of extradition of a person from another country to India. The problems arise only if the accused person wants to visit India. In such cases, one should never file anticipatory bail in the lower court (district court). One should file quashing of the order declaring an accused person proclaimed offender directly in High Court having the jurisdiction. In such cases, a prayer is made that the accused person who is not in India wants to come to India and wants to surrender before the court in which the case is pending. Further prayer is made in such quashing petition is that in case the accused person surrenders before the court, he should not be arrested and should be released on bail immediately on surrender because the accused person himself is coming to India and submitting to the jurisdiction of Indian courts on his own accord and is ready to face trial.

What to do once you have been declared Proclaimed Offender (PO)?

Once NRI has been declared Proclaimed Offender (PO), it is not advisable to file a petition for anticipatory bail. Instead, correct procedure is to file quashing of Proclaimed Offender (PO) order passed by the trial court in which the case is pending.