"I have reasons to believe that the presence of the accused (Murdoch) cannot be procured unless process under section 82 of criminal procedure code (CrPC) is issued against him," chief metropolitan magistrate (CMM) R K Gauba said in his order.

Under section 82 of CrPC a court has powers to initiate proceedings to declare an accused proclaimed offender if he fails to appear before it.Murdoch, who is wanted in a case of alleged screening of `obscene movies' through his Star TV network in India, has been avoiding summons since the beginning of the case in December 1996.

The court's efforts to secure his appearance through the ministry of external affairs (MEA) failed as the MEA expressed its inablility to produce Murdoch before it saying the charges levelled against him were not coveredunder the extradition treaty between India and the USA.

The CMM directed the complainant to take steps for due publication of the proclamation in this regard in The New York Times.