Execution of warrant out india.
Naveen Kanth Dasari
(Querist) 07 March 2014
This query is : Resolved
Hello Madam/Sir,
I am a practising Advocate from Hyderabad. I have a query:
A private complaint was filed and the judge has taken the cognizance of the offence and the court has issued a NBW in the year 2012 against 3 of the Accused who are residing in USA.(The complainant has approached me at this moment, as their previous advocate could not succeed in executing the warrant).
What i have come to know is According to Section 78 & 166B of Cr.P.C a Warrant can be executed outside the Jurisdiction.
Now the question arises:
1. How to execute the Warrant out side India?
2. First do i have to file a petition in the court for look out notice? If yes then under what section?
3. If a warrant can be executed U/s 78 & 166B of Cr.P.C? What will be the format of the Warrant? (If anybody have it plz mail me on kanth.naveen@gmail.com)
4. Is it better to write a letter to the Indian Embassy and US consulate about the offence?
Thank You,
Naveen Kanth.
R.V.RAO
(Expert) 08 March 2014
this may not be total reply to any of your queries.pl. am sorry for that.
warrant can be executed outside jurisdiction.
to support this point ,i will narrate an instance where in hyderabad, the cbi filed case against pvt.parties at a bank instance.
the ADDL.MM at Nampally cr.courts complex was conducting the case.
even after 3 years only hearings taking place . but no trial,as one of the accused ran away to US.
the addl.MM was vexed and asked the cbi counsel to track the accused in US and issue redalerts and search warrants and bring him back to start the trial.
warrant can thus be executed outside the jurisdiction.
but till date nothing done .
since 2 govts.and 2police forces are involved pvt.persons have to necessarily approach high level govt.contacts only.
Rajendra K Goyal
(Expert) 08 March 2014
Agree with the expert RV RAO ji. The investigating agency should send the warrants with relevant records and evidence to the Ministry of External Affairs, Govt. of India, through proper channel for extradition.
T. Kalaiselvan, Advocate
(Expert) 09 March 2014
If action u/s 78 of Cr.P.C is not rendering fruitful results, invoking the provision of sections 82 and 83 of the same code will fetch some results without he warrant being executed outside India, provided the accused is having property in India.
Section 166B is not maintainable and 166A is applicable only for investigation purposes.
Naveen Kanth Dasari
(Querist) 10 March 2014
my query is not resolved, actual a Pvt Complaint is referred and the Judge has taken the Cognizance, so there is no question of involving investigating agencies, an advocate should file the warrant of execution as we do in 138 NI act cases.
Guest
(Expert) 12 March 2014
Though the warrant is valid out side the country it will be difficult to initiate the same due to cost involved.Better you could inform the indian embassy,the local police station of city where the accused live by sending the copies of warrant pending which would give them some trouble definitely and you could request local police to inform and alert all indian airports regarding the same so the accused would be arrested immediately once they land in india.
