satish (mumbai) 03 February 2014
adv.raghavan (Advocate,9444674980) 04 February 2014
138 is a summon case, NBW is issued only when the party avoids attending the court,you cannot find fault with the police, so if u have decided that the concerned accused is absconding or avoiding the court proceeding willfully, u can go to the next stage that is to get PROCLAMATION ORDER against the accused and then by attaching his property, if at all he has and u know about it.
satish (mumbai) 04 February 2014
THANK YOU FOR YOUR RESPONSE SIR
I AM IN MUMBAI AND THE ACCUSED IS IN KERALA SO I CANNOT GO THERE TO EXECUTE THE WARRANTS MY QUERY IS :
1.I HAVE RECEIVED A NBW FROM THE COURT AND IF I PERSONALLY GO THERE TO EXECUTE THE WARRANT ,WHAT IS THE CORRECT PROCEDURE TO EXECUTE IT .
2.WHAT IF THE ACCUSED IS NOT PRESENT WHEN I GO WITH THE POLICE TO HIS PREMISES .
3. DOES POLICE HAS TO GIVE REPORT IF ACCUSED IS PRESENT OR IS NOT TRACEABLE ,AS THEY HAVE YET NOT GIVEN ANY REPORTS FROM PAST 4 YEARS THOUGH 3 TO 4 TIMES WARRANT HAS BEEN SENT ,AND I FEEL THAT HE HAS A SETTING WITH THE POLICE ABOUT THE SAME , BECAUSE THE ACCUSED IS RUNNING BUSINESS IN THE SAME PLACE AND ALSO IS THERE ITSELF .
4. THE ACCUSED IS AVOIDING THE COURT PROCEEDINGS WILLFULLY ,SO CAN I ASK MY LAWYER FOR PROCLAMATION ORDER AND IS THERE ANY SPECIAL REQUIREMENT FOR APPLYING FOR THAT ORDER .
THANKING YOU
adv.raghavan (Advocate,9444674980) 04 February 2014
I understand your concern but u have to act according to the law of the land. As i said earlier go for proclamation, the fellow will come out , he knows the intricacies of that order.