Police not executing arrest warrant
498A-filed
(Querist) 11 October 2014
This query is : Resolved
Hi,
A Bailable warrant was issued against my wife in a criminal private complaint case u/s 406 IPC which was filed by me. She failed to appear before the trial court after being summoned and hence this warrant was issued to the SP of her state.
I found out from the SP office that the warrant has been forwarded to her local Police Station few days back for execution. But the SHO of her local PS is not arresting her. She resides as well as has her office in the local limits of same Police Station.
Kindly suggest what options I have as a complainant and as a victim to force the police to follow the court orders.
Dr J C Vashista
(Expert) 11 October 2014
Approach the SHO/SP perssonally/local politician to maintain pressure on SHO
498A-filed
(Querist) 11 October 2014
I have started a couple of threads related to this case and my earlier query was about the issuance of arrest warrant. My this query is on execution of arrest warrant. I assure the experts that I am not repeating my query.
498A-filed
(Querist) 11 October 2014
Will it be appropriate to write a letter/ email to the SP requesting him to get the warrant executed.
Sudhir Kumar, Advocate
(Expert) 11 October 2014
it is a bailable warrant. The police may taken bail bound undertaking to appear on specified date and send to the court. Nothing more they will do. They are answerable to court on next date.
Pnic will not help.
Please give reference to earlier thread on the issue
ajay sethi
(Expert) 11 October 2014
agree with experts
Rajendra K Goyal
(Expert) 11 October 2014
Do not start new thread, query is related and in continuation to previous query, better post in the same thread.
Rajendra K Goyal
(Expert) 11 October 2014
Do not start new thread, query is related and in continuation to previous query, better post in the same thread.
498A-filed
(Querist) 11 October 2014
I am more than ok if the police take a bail bond undertaking from her that she will appear in the trial court on the next court date and forward it to the concerned court. If she does not appear in the next date, I will pray for a NBW from the court.
I just want her to face the trial so that the truth comes out. After doing all criminal activities, she is sitting at home and enjoying life like a sati savitri.
Next week I am expecting another warrant on her in a case of 420 IPC. After cognizance under 420 she was summoned and two dates have passed since then.
I have restrained myself from filing more criminal cases on her despite many proofs against her.
Dr J C Vashista
(Expert) 12 October 2014
Be at calm, let the law take its own course. She/accused will have to join proceedings, courts are competant to compel her to attend proceedings, just wait and watch.
498A-filed
(Querist) 12 October 2014
It is now a settled law that a criminal proceeding is not a proceeding for a vindication of a private grievance but it is a proceeding initiated for the purpose of punishment to the offender in the interest of the society.
I often hear this "let the law take its own course"
And I wonder
What is laws own course?
According to me any one who is a victim of a crime should pursue his case vehemently. Justice in India takes time and justice delayed is justice denied.
We all saw how Neelam Katara pursued the murder case of her son Nitish and got justice by sending Vikas Yadav to jail for life. She did not stop there. She made sure that he is not given any leniency in the parole.
Sudhir Kumar, Advocate
(Expert) 12 October 2014
you asked
I often hear this "let the law take its own course"
you have answered in details on other thread please refer to the same.
498A-filed
(Querist) 13 October 2014
Sudhir sir at the end of any discussion, you have no option but to listen to your lawyer and here we have no option but to agree with the experts.
Sudhir Kumar, Advocate
(Expert) 13 October 2014
you have full option to disagree with the unpaid advise given to you.
May be all the experts are wrong. You have a right to go on your own way if you so desire.
498A-filed
(Querist) 13 October 2014
An advise is an advise, whether paid or unpaid. Both are equally valuable. I never said that experts are wrong.
I agree with you that I have the right to go my own way despite good advice from experts.
Nadeem Qureshi
(Expert) 14 October 2014
on the next date of hearing file an application regarding the conduct of the police for not executing the warrant and also pray for NBW.
If you are aggrieved by the police act then you may file a complaint against the police official before higher authority.
498A-filed
(Querist) 14 October 2014
She has stopped attending her office. Someone from the PS informed her about the warrant and instead of executing the warrant, the police is just giving excuses. The police guy also told my friend that I should not be so impatient. His job is to obey the court orders and I think he is answerable to not only court but also the complainant.
I have requested him to execute the warrant. The next court date is after 20 days and if by that time she does not surrender, I will pray for NBW from the hon. court and also write a letter to higher authorities to get it executed.
Sudhir Kumar, Advocate
(Expert) 15 October 2014
You said
"I think he is answerable to not only court but also the complainant."
Then get explanation from them in writing.
498A-filed
(Querist) 15 October 2014
I will do it through court by sending show cause to the authority to whom the court gave order to execute the warrant as per law and as per procedure.
And in this way I will make them accountable and answerable to the complainant.
498A-filed
(Querist) 15 October 2014
Someone told me that there is a warrant officer in her PS who looks after execution of arrest warrants. I have sent my friend to meet him and request him to comply with court orders.
498A-filed
(Querist) 15 October 2014
When a case is filed against a husband, the police runs behind their whole family as if we are a danger to the country's survival and when an arrest warrant is issued against a fraudster wife, the police finds 100 excuses for not arresting her.
Sudhir Kumar, Advocate
(Expert) 15 October 2014
you are again forgetting it is bailable warrant and she can be arrested only be not willing to sign appearance bond. Obtaining this bond is 10 minutes job for police and how do you know they may have already done so.
You can file RTI on the action taken on this warrant. Even that is not deeded when the matter comes to next date your advocate can take charge or the situation.
498A-filed
(Querist) 15 October 2014
Yes I want that warrant to be executed as per law and I never asked police not to accept her bond.
She should fill the bond and promise to appear before the trial court on or before the next court date/ bring recall of the warrant.
If I wanted to get her arrested, I would have sent an NBW without sending a BW, if I decided to play the game with money & tricks. But I am a law abiding citizen and I intend to fight it out by following the process of law.
Dr J C Vashista
(Expert) 15 October 2014
You have adequatly been advised by the experts, proceed the way you find appropriate, however, stop this thread.
Sudhir Kumar, Advocate
(Expert) 15 October 2014
"I would have sent an NBW without sending a BW, if I decided to play the game with money & tricks."
strange. I believe it is judge who is issuing warrant.
Sudhir Kumar, Advocate
(Expert) 15 October 2014
"I never asked police not to accept her bond."
It is a bailable warrant and police is duty bound to accept bail bond. Even if you ask them to refuse bail bond they will not listen to you.
Sudhir Kumar, Advocate
(Expert) 15 October 2014
"I will do it through court by sending show cause to the authority to whom the court gave order to execute the warrant as per law and as per procedure.
And in this way I will make them accountable and answerable to the complainant. "
Even then they are answerable to court.
498A-filed
(Querist) 15 October 2014
A bailable warrant is a bailable warrant. And no matter how many times you repeat it, it will always remain a bailable warrant. And that bailable warrant needs to be executed as per law. And it takes 10 min or 10 days, it should be executed. When the court ordered the BW, "it said, on the request of the complainant". What practically happens in court are a little different than what should happen ideally. It is good to be idealistic but I am dealing with a real situation here and I have to be practical also.
Just writing something for the sake of writing is good. Keep on the good work, you have all the rights to destroy my thread.
Sudhir Kumar, Advocate
(Expert) 16 October 2014
If you find that a Govt servant is failing to perform official duty you can file write mandamus in High Court.
Dr J C Vashista
(Expert) 16 October 2014
Respected experts,
The querist in the name of 498-A filed, an anonymous person hiding his/her identity, extending this thread, prima facie to accept his/her version,is an unnecessary debate, so I request to avoid the author.
498A-filed
(Querist) 16 October 2014
It is beyond my understanding that why a fake name of Ram or Shyam is acceptable to experts and a true identity of 498 A filed is considered as anonymous.
What if I say that I have changed my real name to 498A-filed. Is there a legal bar against keeping my name as 498A-filed?
498A-filed
(Querist) 16 October 2014
“In theory, theory and practice are the same. In practice, they are not.”
Devajyoti Barman
(Expert) 16 October 2014
query is unnecessarily dragged even when the author is substantially advised.
T. Kalaiselvan, Advocate
(Expert) 16 October 2014
The experts have addressed the query very properly and adequately, but the author who seems to know more than any one or everyone here is dragging on the issue unnecessarily with more and more petty issues. If he has no has scant respect for law, let him decide about what is to be done without taking any opinion either from here or from his own lawyer whom he has paid to represent him before court. Always free advises are liable to be criticised.
498A-filed
(Querist) 17 October 2014
Mr. Sudhir always wants to have the last word. I hope that his clients are happy listening to his paid advice particularly the advice of letting let the law take its own course. He also suggests that unpaid advice is less valuable than paid one. But I do not agree with him.
I got the warrant issued in 3 and half months after filing my case because my lawyer never said to me to let the law take its own course & kept on pursuing the case. But if some victim approaches Mr Sudhir, he will tell them to let the law take its own course and we will not move an application for asking that warrant.
I have seen private complaint cases where the warrant reached the accused after 9 yrs of filing cases. And the accused got A. bail in 9 days. The victim became frustrated going to court for years and years and never turned up.
I hope that experts will stop showing us that there is difference between a paid and an unpaid advice. Ram asked laxman to take advice from Ravan. It was an unpaid advice but the quality of advice was better than any paid advice.
498A-filed
(Querist) 18 October 2014
I received a threatening call from an unknown land line no. from my wife's village. I will put an information petition today and I have prepared a draft. I request the experts to kindly suggest any changes which is required.Thanks in advance.
IN THE COURT OF CHIEF JUDICIAL MAGISTRATE
PATNA
Information petition No.___________of 2014
________________ vs Unknown
Most Respectfully Sheweth:-
1. That yesterday, 17 October 2014, at about 4:50 PM, I received a call from ________(WB) from a phone no. 0XXX 24XXXXXX. I was called on my mobile no. XXXXXXXXXX The unknown person who called me threatened me to take back the Private Complaint case no. 2XXXX of 201X which is filed by me at JM 1st Class Patna against my wife, ______________. The person also asked me to give divorce to my wife. He told me that if I do not do what he says, he will kill me and my parents
2. That I went to the XXXXXXXX Police Station to file the information but I was advised to file the same in the court.
3. That I am filing this information to put this incident on record so that it can be used if needed.
It is therefore, prayed that Your Honour may be pleased to keep this petition on record
Sudhir Kumar, Advocate
(Expert) 18 October 2014
If you are worried that warrant will never be executed for years you are free to file Writ Mandamus in High Court, if you have enough of running after police.
Law willstill take its own course.
This forum will nto advise any illegal action.
Anyway you need to conserve energy. You have got a thrreatening call on behalf of opposite party. It shows they are getting impatient due to your success so far acheived.
You need to conserve energy because such threats are not worth pardoning and you must go ahead as proposed.
You have prepared complaint (simplest possible language) and should record verbatim of threatening call (as far as you remember in the sad complaint.
Such action will be appreciated by the forum as your earlier action is appreciated.
V R SHROFF
(Expert) 18 October 2014
writ high court..
RTI: WHY WARRANT NOT SERVED??
One more Police complaint : u r threatens to kill me...
Sudhir Kumar, Advocate
(Expert) 18 October 2014
I am sorry WHY cannot be asked in RTI.
He can only seek material information which can be :-
(1) movement details of warrant from SP office
(2)movement details of warrant in SP office.
(3) name and designation of the cop to whom warrant is assigned.
498A-filed
(Querist) 18 October 2014
The warrant was sent from the court to the SP office in Burdwan. From there it was forwarded to the commissonerate at Asansol. And from there it went to the concerned PS.
I think I will have to file an RTI at the SP office and then at the commissioner office and if the need be then at the local PS.
I think I should wait till NBW is issued and if by then the police does not execute the warrant, then I will start following it up with the RTI.
I intend to file Writ Mandamus in the concerned High Court as a last option when all other options are exhausted so that I will have some material to show to the hon. High Court that the police is not doing its job.
I am also thinking of exploring the possibility of a newspaper article to put pressure on the police. Experts can guide me with their view whether it can back fire.But this option is also for a later stage when things does not work in a routine manner.
Sudhir Kumar, Advocate
(Expert) 18 October 2014
"I think I will have to file an RTI at the SP office and then at the commissioner office and if the need be then at the local PS."
single RTI to SP office is sufficient.
498A-filed
(Querist) 20 October 2014
Bailable warrant has been ordered against her in another case of 420 IPC. Her neighbour told me that police is doing the round of her home and she is missing from home as well as her bank branch.
I think she is either hiding in her home or has left for some relative home. I have no idea what to do?
T. Kalaiselvan, Advocate
(Expert) 20 October 2014
Most probably she will be engaging her lawyer to obtain anticipatory bail against the warrant pending on her, hence she has gone underground, this is a good symptom that there is a reaction to your efforts and she appears to be frightened to face the music of law at last. Very shortly you may find the desired result for your efforts.
Sudhir Kumar, Advocate
(Expert) 20 October 2014
It appears that she has got no lawyer otherwise she would have known that she just have to got to police station for five minutes and sign bail bond.
498A-filed
(Querist) 21 October 2014
Sudhir Sir, my person saw her lawyer in police station a couple of days back. There are lot of difficulties for an accused in small town where the corruption is more rampant in police stations.
Following is my understanding of the situation.
1. Police don't normally tell that it is a bailable warrant. They will only disclose that it is a non bailable offence.
2. They told the police that they gave me crores in dowry (actually they spent 5 lakhs and I spent 10 lakhs in marriage). Since the warrant does not contain any figure, the police is considering it a matter of substantial amount. According to my sources the police is asking in lakhs and they are offering in thousands.
3. Ideally they should approach the district court and apply for AB or surrender and pray for bail. But they filed the cases to harass me and it is beyond their imagination that they will have to travel. Plus her father is not fit and her brother lacks communication skills. Dealing in court in a different state is not easy even for best of us.
My well thought of aggressive posturing has dissuaded her relatives to help her in cases and no one is willing to risk a case by visiting with/for her to my city.
Sudhir Kumar, Advocate
(Expert) 21 October 2014
not understood
"My well thought of aggressive posturing has dissuaded her relatives to help her in cases and no one is willing to risk a case by visiting with/for her to my city. "
Devajyoti Barman
(Expert) 21 October 2014
stop this thread...you are advised enough.
498A-filed
(Querist) 21 October 2014
Sudhir Sir, Lots of her chunnu munnu relatives were inserting their nose in our business to break my marriage. They were threatening me directly and indirectly and were involved in my character assassination. On the other hand my wife was busy in filing false cases on me. They were thinking that they have a monopoly to file false cases.
I knew that they are giving me many opportunity to file cases on them but I restrained myself. But now I have made them very clear that slightest of direct or indirect threat, or any character assassination attempts from them will result in criminal cases against them.
They have seen that I can send arrest warrant on a 498a wife and they are not far away from the reach of law.
Sudhir Kumar, Advocate
(Expert) 26 October 2014
"They have seen that I can send arrest warrant on a 498a wife and they are not far away from the reach of law. "
Even if they do not have committed any crime.
I see one of them has threatened you. that about all others.
498A-filed
(Querist) 26 October 2014
They threatened me many times before directly and through my relatives and friends. I even have voice recording of them threatening to beat me and send me and my family to jail.
I have already told them that I will not file any case on any innocent person. I am not a girl who is allowed to file false cases to extort divorce and money.
I have a daughter whose childhood is being destroyed by these people and I will go to any extent to protect my child.
498A-filed
(Querist) 26 October 2014
Bailable warrant is pending before the police for execution. If the police does not execute the warrant or she does not appear in the court, I will pray for NBW. And then I will write a letter to the SP requesting him to get the warrant executed followed by an RTI as advised by the experts. And then if the need be, I may move to high court or to the trial court as per the advise of experts/lawyers.
498A-filed
(Querist) 28 October 2014
One of our common friends of myself and my wife who used to visit our home regularly, took on himself to report this matter to her bank and wrote to the HR head of east zone and kept all senior officials of bank in the loop.
I am quoting the email sent by him.
Dear __________(HR),
I have not received any reply from your end and so I take the liberty to remind you and also assume that I have officially informed your organisation about your employee, namely ________________ (emp id _________) who is facing two criminal cases.
The court after recording the witness statements and list of documents took cognizance in non bailable sections in both the cases which includes 420 IPC (cheating)& 406 IPC (criminal breach of trust). She has been evading the court even after being summoned and now arrest warrants have been ordered against her.
One arrest warrant is pending for execution before the ___________ Police station which also has the jurisdiction over the _________________ Branch where she is located. I will soon send the scanned certified copy of cognizance order and arrest warrant order of the 420 IPC case against her, hopefully in few days.
I hope and trust that ______________ bank will not allow any employee nor support any employee who is charged with serious offence to evade the process of law.
Regards,
_____________
mobile no. _____________
On 14 October 2014 11:52, _____________ wrote:
​​Dear __________,
Warrants of arrest is pending against your employee, ________________ (emp id __________) of _________ Branch, West Bengal in a non bailable case of criminal breach of trust (406 IPC) and cheque bounce (138 NI Act). The case details are as follows
In the court of Sri ____________________, JM Ist class, _________
Name of complainant- ______________
Name of accused- ______________
Case no.- ______________
u/s 406 IPC & 138 NI Act
She failed to appear in the court despite being summoned. The court has issued a warrant of arrest against her and it is pending before the ____________ police. I request your organisation to kindly help the police in arresting the accused by informing them that she works with your branch which is in the vicinity of the police station responsible for the execution of the said warrant.
The court after considering the witness statements and the documentary evidence found that there is enough prima facie evidence against her to proceed under section 406 IPC & 138 NI. The court summoned her and because she did not appear, an arrest warrant was issued against her.
I am quoting the cognizance order by the court given u/s 204 of crpc. Order is dt._______________
" Present complaint has been filed by the complainant ______________ stating therein that on repeated requests of the accused ___________ who happened to be his wife, he had given altogether Rs. 11,01,000/- to her through money transfer and cash. It is also stated that all these money was taken to help financially to accused no. 2 and 3 who are brother and sister in law of accused no. 1. It is further stated that in course of time difference arose between the complainant and his wife and she went back to her parental house and for repayment of money taken she issued a cheque of Rs. 7,75,000/- which was deposited in the bank but got dishonored due to instruction of stop payment. Thereafter a legal notice was sent, but of no avail. Then, this complaint was filed. In course of inquiry the complainant was examined on S A and inquiry witness namely ____________________ and ________________were also examined and both have reiterated the allegations leveled in the complaint. Photo copy of statement showing transfer of money in the account of ______________, cheque, Bank Report and legal notice have also been filed. After inquiry this court is of the view that there are sufficient Prima Facie materials on record to proceed further against the accused no. 1 __________________ for the offences punishable u/s 406 IPC and 138 Negotiable Instrument Act. Office is directed to issue summons if pre requisites are filed within ten days."
The scanned certified copy of court order is attached and it shows the following:
*The cognizance was taken on ______________
*Summons were issued on _______________
*Arrest warrant was ordered on _______________
*Arrest warrant was issued on ______________
Another case of 420 IPC is also pending against her in a different matter and she has not attended the court despite being summoned. 420 IPC is a serious offence and it carries a jail term of upto 7 years with or without fine.
_____________ is a large and responsible organisation and I hope and trust that the bank will look into the matter seriously and take appropriate action against such employee.
Thanks & Regards,
_________________
498A-filed
(Querist) 28 October 2014
Sudhir Sir, you are taking a jibe on me.
My friend wrote this mail without even consulting me because he is very unhappy and sad to see a child been abducted and her home been looted by her own mother. His son and my daughter were friends.
I just shared this email which he sent to her employer.
Sudhir Kumar, Advocate
(Expert) 28 October 2014
"My friend wrote this mail without even consulting me because he is very unhappy and sad to see a child been abducted and her home been looted by her own mother."
that is the reason to make me happy
498A-filed
(Querist) 28 October 2014
Is there any law where private citizen are legally bound to inform the concerned law enforcement authorites, in case they have any information and also aid in the apprehension of the said criminal. Failing to do so would make them legally and / or criminally liable
498A-filed
(Querist) 29 October 2014
Sec 174 IPC - Non-attendance in obedience to an order from public servant
Since the company has been informed by my friend that she is not attending the court despite being summoned and arrest warrant is pending against her, allowing her to attend office and not informing the police actually amounts to abetting of the crime which is committing u/s 174 of IPC.
Sec 108 of IPC
A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor
My friend want to write this in mail to inform the company that it is its duty to inform the police about its employee who is evading the court orders or it will be considers as the abettor of crime of 174 ipc.
Please guide.
Sudhir Kumar, Advocate
(Expert) 29 October 2014
IN KNOW YOU WILL BE ANNOYED BUT
section 174 is not made out as long as warrant is not served. Further your intimation to the bank does not attract the provision against her employer because :-
(i) you have intimated to the employer but you are not a public servant.
(ii) the company is not bound to obey your orders.
498A-filed
(Querist) 29 October 2014
I understand sir that technically my argument is weak but can this mail by my friend put some pressure on the bank. And because it is a private sector bank where rules are flexible, may be they will ask my wife to secure the bail first and then attend office.
I just want to put pressure on her so that she comes and faces the trial.
Or do you suggest to not move with this plan at all.
My sources are saying that she is not attending office but one day I sent a person in her branch and she was found in the branch talking to the branch manager. I called the police and the police denied her presence in the branch. I sent the person again and she was not there.
Sudhir Kumar, Advocate
(Expert) 29 October 2014
Your stand against the Bank is not technically wrong. It is totally wonrg.
The warrant is addressed to police and not to bank.
They are not at all bound to listen to you (rather should not listen to you)unless a request comes to them from police.
If it was a Govt bank things could have been different and more difficult for her.
you can waste as much energy as you want on futile project.
498A-filed
(Querist) 29 October 2014
Want advice on the RTI questions directed to the SP of her district.
1. Kindly provide the status of bailable warrant has been issued by ________________ in case no. _____________.
2. Kindly provide the dates of receipt of the above mentioned bailable warrant at the SP office and at the concerned police station.
3. Kindly provide the name of police officer in the matter.
4. If the bailable warrant could not be executed, kindly provide the reason for the same.
Sudhir Kumar, Advocate
(Expert) 29 October 2014
In RTI you can only ask factual information and cannot as reasons for action /inaction. Asking such question which is not admissible gives the public authority a chance to circumvent the query.
rest is upto your profound knowledge
498A-filed
(Querist) 29 October 2014
Sir how to reframe the last question so that I get the required information. For example-
If the bailable warrant has not been executed, kindly provide the record available with your office/ reason received by your office from the concerned police officer for the same.
Kindly give your valuable inputs.
V R SHROFF
(Expert) 29 October 2014
""When a case is filed against a husband, the police runs behind their whole family as if we are a danger to the country's survival and when an arrest warrant is issued against a fraudster wife, the police finds 100 excuses for not arresting her."
why do all advertisement use Woman's Face for marketting??
Seems all like it.
No one like man???
Gender - smooth- laws are very soft on her, and very hard on husband!!
Woman oriented laws and legal procedure..
I DOUBT YOU CAN CHANGE IT.
EVEN LOTS OF MONEY AND BRIBING MAY ALSO NOT HELP YOU.
TRUST THE LAW - JURISDICTION- ADM
WAIT FOR YOUR TURN.
Sorry to discourage you, but we made such Laws. Police are very soft towards Women, especially when she is WIFE, being Family Matter.
Sudhir Kumar, Advocate
(Expert) 29 October 2014
I pick up from reply of Mr Shroff
"Sorry to discourage you, but we made such Laws. Police are very soft towards Women, especially when she is WIFE, being Family Matter. "
Such laws have not come overnight. There are persons who made dowry demand and torture therefrom as a part of life and domestic violence on women as birth right.
So these laws are there which are called one sided.
Inspite of stories of misuse of these laws, there are a lot of husbands and relatives (not rare) who display ample justification of sharpening these laws. Presence of these persons negates demand for dilution.
498A-filed
(Querist) 29 October 2014
Application for obtaining information under The Right to Information Act 2005
From,
_______________
_______________
_______________
To,
The Public Information Officer,
Superintendent of Police,
Dist: ____________, West Bengal-__________
SUB: Seeking information under RTI act 2005
Dear Public Information Officer:
Under the Right to Information Act 2005, Section 6, I need information in relation to the execution of bailable warrant sent to The SP, __________ by ______________, JM-1St class, ________ vide Cr case Complaint (P) No.-________/2014 issued on __/__/2014 against Ms. ________________, W/O- _____________, D/O- ________________ having her office at _________ Bank Ltd, __________ Branch,____________ Road, ________,Pincode-__________.
The information required are as follows-
1. Kindly provide the date of receipt of the said warrant at SP office, _________ and at the ______________ police station with the inward/ outward document number of the said arrest warrant.
2. Kindly provide me a certified copy of directions given from the SP/ SP office, __________to the concerned officer/authority for execution of said arrest warrant.
3. Kindly inform the current status of the said warrant. Also provide details of all actions taken till date to execute the said warrant including but not limited to the number of attempts made to arrest her with date, time & place of each attempt and the details of the police officer including his name, designation and mobile number who went to arrest her. Also give information on the money spent on such attempts. Since this case is related to cheque bounce & criminal breach of trust by a bank employee, any delay in execution of such warrant may result in more number of cases.
4. Since Ms _____________ on whom the said arrest warrant is issued works with __________ Branch of ________Bank, please answer in yes or no whether the police officer responsible for the execution of said warrant sought any assistance in writing from the branch manager of her bank requesting him to inform the police about her presence in branch in which _______________ is working, using his authority as per chapter IV B, Section 37 of the code of criminal procedure.
5. If the answer to my query number 4 is “NO” then kindly provide the relevant document showing the reason for not asking such assistance from the branch manager and other bank officials in writing which would have helped the police in executing the said arrest warrant. Also submit the date by which the police officer is going to use the above said section which will help the police to execute the warrant.
6. Kindly provide the details of all arrest warrants pending against Ms ____________ at SP office, ______________ on the day of this RTI reply. Kindly provide the details of action taken for its execution if any other warrant is also pending against Ms _____________.
7. Kindly provide the rules, regulations and procedure to be followed for execution of bailable warrant/ non bailable warrant received from court.
8. As per section 7(8) of the RTI Act 2005, In case of rejection of my application, I kindly request you to provide the reason for such rejection and not just quote a section of RTI. Also, I request you to provide the details of Appellate authority.
Application fee details
Encl. Application Fee of Rs 20/- by IPO No..................... ......PAY TO: Accounts Officer
Below Items are for your kind information and consideration
• As per section 6(3) of the RTI Act 2005, In case, the requested information is held by another public authority, I request the PIO to transfer the application or part of it within FIVE days and immediately inform me about such transfer.
• As per section 5(3) of the RTI Act 2005, I request the PIO to provide assistance in getting the requested information.
• As per section 7(9) of the RTI Act 2005, I request the PIO to provide the requested information in the form in which it is sought.
• As per section 7(8)(iii) and 7(3)(ii) of the RTI Act 2005, I request the PIO to inform me of the particulars of First Appellate Authority.
• As per section 8 (1) (j) of the RTI Act 2005, the information which cannot be denied to the Parliament or a State Legislature, shall not be denied to any person.
Yours faithfully,
_____________
Date
498A-filed
(Querist) 29 October 2014
Kindly suggest whether I should file this RTI or I should make some changes.
498A-filed
(Querist) 29 October 2014
I have changed it. Any other inputs sir.
I have been told that quoting the relevant sections are important because they tend to deny the information on frivolous grounds.
This is my first RTI so I do not know what will be more effective.
498A-filed
(Querist) 31 October 2014
Along with the RTI, I am also thinking of writing to the commissioner of her city requesting him for execution of warrant.
Kindly guide me whether I should write or not.
I hope that the police will execute the warrant after all these efforts or else I will wait till NBW is issued against her. Even after NBW if she decides to evade the arrest, I will move to the concerned high court against the police inaction.
Kindly guide whether I am contemplating the right moves.
498A-filed
(Querist) 30 November 2014
My wife got arrested today and later released after furnishing bail bond at the police station. It seems that my RTI worked because today is the 30th day of my RTI.
She will apply for Anticipatory bail and I will oppose it on the grounds that she has already been arrested so she should surrender before the concerned trial court and seek bail.
V R SHROFF
(Expert) 07 December 2014
GOOD LUCK..
IT' S CALLED COURT PROCEEDINGS; TAKES YEARS!!
498A-filed
(Querist) 14 December 2014
She applied for AB by hiding that she is on bail bond. In Bihar the risk of JC is very high if she surrenders. Her lawyer got a nice scolding from the ld. dist. judge. She has got another date to come clean about her arrest. Her AB will be rejected as not maintainable.
Who cares about years. I married her for lifes.
498A-filed
(Querist) 14 December 2014
NBW is pending at her local police station.
She applied for her AB at the district court on counter blast theory. Her bail application said that she filed this case, that case. this and that case and then that case and this case is just filed as a counter blast so bail shld be granted.
Court room transcript:
Her lawyer: My lord the cases have been filed by husband and MIL. (He thought he has given enough information and the hon. judge should be pleased to grant bail)
My lawyer: Her client is on bail bond and they are hiding this information from court. And he gave the bail paper of 1st case to the judge. And he told the judge that since warrants were pending in both the cases at the same police station in all likelyhood she has been arrested in both the cases.
Judge: Angry. Are you on bail bond?
Her lawyer: I am unaware of this fact.
Judge: If you don't know than how you filled the bail bond. If NBW is issued and the police bring her here than don't come to me. Ask your client to surrender immediately.
Her lawyer: My lord please give us 30 days.
Judge: No more than 10 days. And he directed his office to keep the case on no. 1
498A-filed
(Querist) 21 December 2014
Both the anticipatory bail petition which was filed on counter blast theory got rejected by the district court.
NBW execution is my next goal. I hope my wife will go to jail for at least few months so that she cannot delay the trial.
Sarvesh Kumar Sharma Advocate
(Expert) 26 October 2014
