How to execute nb warrent
Sanjaycase
(Querist) 17 February 2015
This query is : Resolved
This is about 138 case. NB warrant is issued by the court. The complainant sends the warrant via a person to the town police station of the accuse to issue the warrant. The police seems to be managed and the warrant is not issued. The accused has his team and threatens indirectly when someone goes to issue the warrant.
Another information is there is 420 case going on against the accused and he is freed on bail and the charge sheet is yet to be submitted.
Q1) What are the various ways to execute NB warrant ?
Q2) What is the best way to execute the warrant in such case? Without risking the life of complainant.
Q3) If the person is released on bail he must be present on the address given for the bail in 420 case or that is not must?
adv. rajeev ( rajoo )
(Expert) 17 February 2015
Better to take NBW by hand along with police service so you can serve NBW to the accused
Devajyoti Barman
(Expert) 18 February 2015
If the police fails give report on the next date then apply for issuance of such notice though the local SP or Commissioner.
Rajendra K Goyal
(Expert) 18 February 2015
Try to accompany the police and serve the NBW.
ajay sethi
(Expert) 18 February 2015
agree with Mr raju .
T. Kalaiselvan, Advocate
(Expert) 20 February 2015
With the NBW in hand, accompany the police party to execute the same and be satisfied about the procedures, if this is not possible, approach the SPs office for further action.
Hemant Agarwal
(Expert) 20 February 2015
APOLOGIES, "BUT" the above suggestions are not the way to activate the provisions of CrPC:
1. Let the Police dept., file that "NB Warrant" cannot served to the person, due to "non-availability" of the accused, .OR. any other whatever reason.
2. Thereafter AFTER conducting other due procedures and applications, move another application before the Court to proclaim the accused as "absconder".
3. Once the accused has been proclaimed as an "absconder", it will be the statutory and compelling duty of the police dept., to Keep-ON looking for the accused (absconder), TILL arrested.
4. After few months, the complainant may move another application for attachment of the absconders property.
Keep Smiling .... Hemant Agarwal
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