Sending bailable/arrest warrant by regd post to police stati
Madhu Mittal
(Querist) 02 November 2020
This query is : Resolved
Summon u/s 138 N I Act is given by Dasti in two copies by court to complainant . One copy is sent to Address of Accused by Rgd post AD. On the date of court hearing other copy of summon with postal receipt of Regd post AD is handed over to trial court, thus summon is deemed to have been served.
Now Bailable Warrant is issued and given Dasti to Complainant. Now my humble query is that Whether the said Bailable Warrant be sent by Rgd post AD to concerning Police station to be executed and the photocopy of said Bailable Warrant along with Rgd post AD receipt be handed over to trial court as proof of sending Dasti to Concerning police station. Otherwise if trial Court ask where is Bailable/Arrest warrant given Dasti, complainant has no answer. Is there any illegality in it, because a policeman gave confusion to us by telling that Bailable Warrant as well as Arrest Warrant Can not be copied and photocopy of said can not be given to court alongwith regd postal receipt, it is some type of offence.
This is required as in general, whenever a Bailable/Arrest warrant is issued, if not taken Dasti, it is hand over to policeman without taking any receipt thereof, and if it does not returned back either executed or non-executed, no follow up action is taken by court, and simply issue another Bailable/Arrest Warrant,and keep on doing so. By taking Dasti, and sending to concerning Police Station by Regd post,at least it is proved that bailable warrant has been posted at least concerning Police Station.
P. Venu
(Expert) 03 November 2020
To my knowledge, the proper process in such instances is for the Court to forward the warrant to jurisdictional police station. It is only that the complainant id required to take the necessary step.
Dr J C Vashista
(Expert) 04 November 2020
Bailable or non-bailable warrants shall not be handed over to party but to jurisdictional police station.
Rajendra K Goyal
(Expert) 04 November 2020
Agree with the expert Dr. J.C. Vashishta ji.
