Us/138

Sir,

The procedure adopted by the magistrate is wrong. He cannot issue a NBW in the 138 cases in the first instant. Moreover, the petition is onlly to condone the delay of filing the complaint before the magistrate. In such circumstances the magistrate can only allow the petition for condoning the delay and post the case for recording the sworn statement of the complainant.

in third date the MM may issue the Warrant, the MM has power to issue so the MM is right, if the accused is not ready to appear before the MM court the court may proceed the next level u/s 82/83 of Cr.PC

I accepted Raja Mohammed reply. If your complaint is in SR stage. MM can only allow the petition for condoning the delay and post the case for recording the sworn statement of the complainant.  Warrant is wrong.

Another glaring example of non understanding of law by trial court. Under S.138, the accused has no role at this stage.