Sec. 138 nia
P.C. Joshi
(Querist) 31 October 2013
This query is : Resolved
Dear Friends,
An accused under sec 138 NIA is abconding againt him many chating & 138 cases are pending. In my case in the last date of hearing, the Magistrate(Mumbai) has issued non-bailable warrant and has given the next date of hearing on 1st April 2013.
Now I come to know the accused has been arrested in other cheating case in different city(Pune) .
Please advise is there a way to produce him in our 138 matter before the magistrate. Whether the same police officer of Mumbai can arrest him and produce before the magistrate in Mumbai or fresh warrant has to be obtained by Police Officer of Pune PS where he has been arrested.
Pl provide your inputs.
Thanks
P.C. Joshi
M.Sheik Mohammed Ali
(Expert) 31 October 2013
you should file memo and inform aforesaid fact and get and order to PT warrant to Pune SP. than only you will present mumbai court
ABDUL RAZIQUE
(Expert) 01 November 2013
WELL ADVISED BY M.S.M.ALI, NOTHING MORE TO ADD.
Raj Kumar Makkad
(Expert) 01 November 2013
There are many ways to get that accused arrested in the present case.
It is not understood, how a magistrate can provide the next date of hearing as 1st april 2013 whereas you are raising this query on 01st November 2013?
It seems that next date of hearing might be in 2014.
Anyway, obtain the NBW order from the court of magistrate through police and then move an application to the concerned magistrate at Pune who shall issue transfer warrant against such accused.
V R SHROFF
(Expert) 01 November 2013
Agrees with Experts. Get NBW issued.
P.C. Joshi
(Querist) 01 November 2013
I am highly grateful to Raj ji and other learned experts. Raj Ji, you are right the date of next hearing is April 2014.
