ashok kumar (Social Worker) 12 November 2014
138 NIA-Warrants accepted by Husband of Accused
In a NIA Trial the Female accused continuously evades serving of warrants. Ultimately the Warrants were accepted by the Husband of the accused and he undertook to produce the accused in Court and after 2-3 dates produces her and the trial begins.
Is the trial irregular/vitiated on this Ground that the warrants were not served directly on the accused?
Advocate Bhartesh goyal (advocate) 12 November 2014
No,once accused has put her appearance in court then no question arises to vitiate or irregularise the proceedings on account of non service of warrant
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 13 November 2014
Dear Querist
There is no procedure for servicing the warrant on accused, the warrant shall be executed after arresting the accused/witness or cancel by the court.
so on the ground as mentioned by you is not a ground fro challenge the trail or any other things.
Read Section 70 to 81 of Cr.P.c
SAANJAAY GUPTAA (Advocate) 13 November 2014
No question of serving the warrant to the accused or his or her relatives, its direction upon police officer to arrest and produce the accused person in court against whom warrant has been issued. No question arises for vitiating any proceeding on grounds of non service of warrant.
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