Power of Officer who come to Arrest for default u/s125?

Querist : Anonymous (Querist) 14 March 2010 This query is : Resolved
Que.Can the Officer who come to arrest u/s 125 Cr.P.C , Has the Power to Collect the Default maintenance Amount as mentioned in the Warrant in lieu of Arrest?

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Guest (Expert) 14 March 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING POWERS OF OFFICER REGARDING ARREST IN CASE OF DEFAULT IN PAYMENT OF MAINTAINENCE UNDER SECTION 125 OF CRPC.
KINDLY NOTE THAT
1.IT IS CLEARLY WRITEN ON THE WARRANT TO PRODUCE THE PERSON BEFORE THE COURT DUE TO NON PAYMENT OF MAINTAINENCE.THE SAID ARREST WARRANT CAN BE CANCELLED BY APPEARING IN THE COURT AND PAYING THE AMOUNT OF MAINTAINENCE ARREARS IN THE COURT.THE OFFICER IS DIRECTED TO PRODUCE THE ACCUSED BEFORE THE COURT.
2.THERE ARE OTHER OPTIONS OUT WHICH LEGAL EXPERT CAN HANDLY THE MATTER TACTFULLY WITHOUT ANY DAMAGE TO THE CONCERNED.PLEASE NOTE.
THANKS.

Devajyoti Barman (Expert) 14 March 2010
When the petitioner files a petition to execute the order of maintenance and the opposite party fails to pay her as per prayer the Court at first issue Distress Warrant authorising the police officer to seize the moveable property and sel off to obtain the default amount. If thereafter the opposite party again fails to pay the amount the Court generally issue Arrest Warrant. However once the default amount is paid the arrest or distress warrant gets recalled.

Raj Kumar Makkad (Expert) 14 March 2010
My reply is no in the given quarry because the arresting officer of police has not been entrusted with the power to get executed the decree of the court rather he has to get arrested such accused/respondent/judgment debtor so there is no scope as asked.

Arvind Singh Chauhan (Expert) 14 March 2010
I am also with Raj Sir.

Santosh Kumar.K (Expert) 16 March 2010
i agree with nand kumar ji

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