SERVICE OF ACCUSED
rajan chopra
(Querist) 01 April 2015
This query is : Resolved
SIR A CASE U/S 138 OF NI ACT IS AT THE STAGE OF SERVICE OF ACCUSED THROUGH NBW AND COULD NOT BE SERVED DESPITE REPEATED ISSUANCE OF NBW .POLICE REPORTED "ACCUSED NOT MET OR HAS LEFT FOR AN UN KNOWN PLACE " EVERY TIME THE COMPLAINANT ONE DAY HAPPENED TO MEET THE SERVING CONSTABLE AND WAS TOLD"POLICE HAD REACHED AT ACCUSED HOUSE AND FOUND HIM THERE BUT DID NOT CATCH HIM DUE TO THE ASSURANCE GIVEN BY GRAM PRADHAN THAT ACCUSED WILL BE PRESENT IN COURT ON THE DATE FIXED AND A PICTURE OF ACCUSED BEING CAPTURED BY SERVING CONSTABLE IN HIS MOBILE WAS SHOWN TO COMPLAINANT.NOW SHOULD COMPLAINANT BRING ALL THIS IN THE NOTICE OF COURT BY WAY OF ORAL OR AFFIDAVIT OR WHAT CAN BE DONE BY COMPLAINANT UNDER THESE CIRCUMSTANCES TO MAKE SURE THE SERVICE OF ACCUSED?
Devajyoti Barman
(Expert) 01 April 2015
Ask the court to execute w/a through the office of SP/Commissioner.
Dr J C Vashista
(Expert) 02 April 2015
I agree with the expert advise of Mr. Devajyoti Barman.
Request the court to proceed u/s 82 and 83 Cr. PC.
ajay sethi
(Expert) 02 April 2015
agree with Mr barman
T. Kalaiselvan, Advocate
(Expert) 05 April 2015
The matter may be expressed before court by your advocate and seek court's permission to pursue further steps as suggested by experts above.
