Nbw execution

can't your professor help you in college??? 

They are duty bound to teach you.. 

Res. Sh.Shroff

RATHER COMMENTING ON THE KNOWLEDGE OF OTHER YOU SHOULD HAVE ANSWERED IT. IF IT WOULD HAVE BEEN SO EASY THEN I WOULD NOT HAVE POSTED IT. AND I HOPE YOU BETTER  ANSWER TO THIS QUERY. IF YOU ANSWER THIS QUERY THEN I WILL DEFINATELY RING YOU UP TO THANK .

SANJEEV 

@ Sanjeev 

A better option would be to attach his property or rather have his salary deducted through the court if the wife know where he works . Why break your head with NBW 

I agree with Shorff as the professor is duty bound to help you else what for are they being paid 

@ Stanley

Pls give answer to my specific query. Either you and Mr. Shroff should admit that you have no answer to  my query or answer my direct query. You should not divert from query.

@ sanjeev you seem to be immature 

Why arent you capable or dont you have the capacity  of taking on your professor or your institution where you pay your fees rather than come here seeking an answer as though we are at your mercy or your command to answer your query in the manner you wish for in a public  foroum . 

You talk in a manner as though you are paying me for it . 

@stanley

the manner you are writing shows that you never studied law. if you have joined this public platform for earning then you are grossly mistaken. This you should clearly write on your profile that you will answer query on the payment basis only. This public platform is for helping each other first and every other thing is secondary.

you just go through the answers to the queries of the people. No body before answering asked for payment or expected payment. You should mind ur wordings which are against the basic principle of this public platform.

If you are able to answer the query then its ok. If you can not answer then you should not poke your nose unncessarily.

@ Sanjeev 

What i have to write on my profile is none of your business and neither do i earn on this public platform .It seems you are unable to digest my replies  and you seem to be crying just in a manner when a small child is hungry and  is asking for milk .And either way have I stopped you from contacting the others for your queries ?? 

Like i have mentioned earlier you are young of age and are immature and my advise to you is grow up pull up your socks and face life . Instead of growling over here I dont understand why cant you take up on your professor and let him answer your question when nobody else has bothered to answer your question . 

 This is my last reply !!!

Sanjeev, u hv 2 approach delhi court thru a good lawyer & stay execution of prcdngs or reopen case or chllnge...only u know facts.........but here exctn will happn if u sit quietly............pls wake up & sort things at delhi thru a lawyer......

Since you are a student and interested in law I will advice you to get a book of Criminal Procedure Code and read Section78 and 79 of CrPC, your every doubt will be clear.

Pls read point 78 & 79 as suggested by Mr. Surjit

78. Warrant forwarded for execution outside jurisdiction.

(1) When a warrant is to be executed outside the local jurisdiction of the Court issuing it, such Court may, instead of directing the warrant to a police officer within its jurisdiction, forward it by post or otherwise to any Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction it is to be executed; and the Executive Magistrate or District Superintendent or Commissioner shall endorse his name thereon, and if practicable, cause it to be executed in the manner hereinbefore provided.

(2) The Court issuing a warrant under sub- section (1) shall forward, along with the warrant, the substance of the information against the person to be arrested together with such documents, if any, as may be sufficient to enable the Court acting under section 81 to decide whether bail should or should not be granted to the person.

79. Warrant directed to police officer for execution outside jurisdiction.

(1) When a warrant directed to a police officer is to be executed beyond the local jurisdiction of the Court issuing the same, he. shall ordinarily take it for endorsement either to an Executive Magistrate or to a police officer not below the rank of an officer in charge of a police station, within the local limits of whose jurisdiction the warrant is to be executed.

(2) Such Magistrate or police officer shall endorse his name thereon and such endorsement shall be sufficient authority to the police officer to whom the warrant is directed to execute the same, and the local police shall, if so required, assist such officer in executing such warrant.

(3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the Magistrate or police officer within whose local jurisdiction the warrant is to be executed will prevent such execution, the police officer to whom it is directed may execute the same without such endorsement in any place beyond the local jurisdiction of the Court which issued it.

Sanjeev you doubt will be clear now after the posting of DIVVYA made above.

Sanjeev,

Now you realised, the Ans was within your reach, and u should have search in your  cr p c . 

How easy was it for you to know it?

This being Criminal procedure. 

I never wanted u to be handicapped and dependant on others for such problem. 

We expect Law students to try to find out solutions of Legal problem by themselves, 

& worst come to worst, ask your professor, who is duty bound to teach u. 

But u did not act on my advice. U preferred to comment rudely on us. 

In fact your Query was unanswered for over 10 days as it was not worth replying by anybody.

So I suggested you to ask your professor, which is well within your reach, and it is your duty also, to get your doubts cleared thru ur teacher. 

If u get everything readymade, like this, you will not develop the skill to search and find out and solve  the Legal problems that u will face in future. 

Web, Law Library, ur Senior students, and Prof is final authority, within your reach which you must exploit. 

Do u realise the lesson we want to teach to present Law Students??

They must be self dependents, At the most ask ur teacher. Do not try to import, what is already in your  house. 

Otherwise u remains handicapped, and will not get confidence. 

For next problem or doubt, try to find out as suggested. If u fails to get information from ur sources, we are here to help, but  not  in initial stage. 

If u understand, good and well; If u can't, then Good Bye. 

THE QUERY IS BEING REPOSTED:

JD HUSBAND IS RESIDENT OF  ALIGARH (Uttar Pradesh ) AND WIFE IS RESIDENT OF DELHI . MAINTENANCE CASE U/S 125 FILED BY WIFE IN DELHI AND   MAINTENANCE CASE U/S 125 HAS BEEN DECIDED EX PARTY SINCE HUSBAND NEVER ATTENDED THE COURT AND NOW WIFE FILED EXECUTION PETITION FOR RECOVERY OF MAINTENANCE AMOUNT. STILL HUSBAND IS NOT COMING OR PAYING THE AMOUNT. NBWs ISSUED BUT REMAINED UNEXECUTED.

NOW THE WIFE REQUESTED THE COURT( ADDL. DISTT. JUDGE ) TO SEND NBWs TO CHIEF JUDICIAL MAGISTRATE BY POST FOR EXECUTION.

QUESTIONS:

CAN THE COURT SEND THE NBWs FOR EXECUTION TO CJM ,ALIGARH FOR EXECUTION BY POST.

1. IF NO THEN WHY NOT AND WHICH SECTION.

2. IF YES THEN UNDER WHICH SECTION OF CrPC THE COURT CAN DIRECT CJM OF OTHER STATE FOR EXECUTION OF NBWs.

3. ANY DECIDED CASES FOR AND AGAINST THE EXECUTION.

@ Divvya & Sh. Shroff

I failed to understand why members got the impression that I am not aware of section 78 or 79. I posted this query after carefully reading the section 78 crpc. Section  allow sending of arrest warrants through Executive Magistrate or District Superintendent of Police or Commissioner of Police only.  

the Executive Magistrate, DSP or Commisioner are part of administration branch of the District not of judicial branch of Distt.

Now question is whether in the arrest warrants can be executed through Chief Judicial Magistrate?