Jayesh Varyani (nil) 22 October 2020

How to implement punishment

Dear Experts,

I have a query regarding implementation of Punishment given by Court.

My uncle Died in Hit and Run Case in 2013.

Against which FIR was lodged and Driver was Arrested and Chargesheet was duly filed u/s279,338,304-A,427 of IPC and U/S 177,184,134-B of IMV act.
Trial Court Gave its judgement in 2016 and Punished Criminal with certain fines and to serve 2 Years in Prison(Strict Punishment)

Criminal took bail in trial court and appealed in Sessions court against trial court judgement which he also lost.

Sessions court maintained trial court order in 2018.

Post that criminal has neither taken bail nor appeared in front of trial court to serve sentence.

Two years have elapsed since then.

My Advocate has moved Out of Station, he kept giving me excuses in implementing punishment to delay the matter and now he has moved out of station permanently.

I am currently located out of station and cannot book another advocate i tried hiring online but it didn't worked out.

I want to know is there any procedure which i can follow to request magistrate to Issue Arrest Warrant against Criminal so that Punishment can be implemented and Justice is Served.

Thanks And Reagrds

Jayesh Varyani

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3 Replies

Dr J C Vashista (Advocate) 23 October 2020

After dismissal of appeal by Sessions Court the convict must have surrendered, otherwise, get warrants of arrest from Trial Court.

It is better to contact, consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

P. Venu (Advocate) 23 October 2020

The query is rather strange. The case was between the State and the accused (not the criminal). And there is a due process in ensuring in carrying out the punishment.

Your priority ought to be in ensuring that the dependants of the deceased get due compensation. Anything else os secondary.