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satish (mumbai)     03 February 2014

No police report

what do i do if the police is not sending any report for bailable and non bailable warrants
regarding return cheques we have sent bw and non bw as the accused has never come in court .its been 4 years since the case started ..even the police has not given any reports abt the warrants sent ..pls tell me what do i do in this case and what further action can i take


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 3 Replies

adv.raghavan (Advocate,9444674980)     04 February 2014

138 is a summon case, NBW is issued only when the party avoids attending the court,you cannot find fault with the police, so if u have decided that the concerned accused is absconding or avoiding the court proceeding willfully, u can go to the next stage  that is  to get PROCLAMATION ORDER against the accused and then by attaching his property, if at all he has and u know about it.

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satish (mumbai)     04 February 2014

THANK YOU FOR YOUR RESPONSE SIR

I AM IN MUMBAI AND THE ACCUSED IS IN KERALA SO I CANNOT GO THERE TO EXECUTE THE WARRANTS MY QUERY IS :

1.I HAVE RECEIVED A NBW FROM THE COURT AND  IF I PERSONALLY GO THERE TO EXECUTE THE WARRANT ,WHAT IS THE CORRECT PROCEDURE TO EXECUTE IT .

2.WHAT IF THE ACCUSED IS NOT PRESENT WHEN I GO WITH THE POLICE TO HIS PREMISES .

3. DOES POLICE HAS TO GIVE REPORT IF ACCUSED IS PRESENT OR IS NOT TRACEABLE ,AS THEY HAVE YET NOT GIVEN ANY REPORTS FROM PAST 4 YEARS THOUGH 3 TO 4 TIMES WARRANT HAS BEEN SENT ,AND I FEEL THAT HE HAS A SETTING WITH THE POLICE ABOUT THE SAME , BECAUSE THE ACCUSED IS RUNNING BUSINESS IN THE SAME PLACE AND ALSO IS THERE ITSELF .

4. THE ACCUSED IS AVOIDING THE COURT PROCEEDINGS WILLFULLY ,SO CAN I ASK MY LAWYER FOR PROCLAMATION ORDER AND IS THERE ANY SPECIAL REQUIREMENT FOR APPLYING FOR THAT ORDER .

THANKING YOU

adv.raghavan (Advocate,9444674980)     04 February 2014

I understand your concern but u have to act according to the law of the land. As i said earlier go for proclamation, the fellow will come out , he knows the intricacies of that order.


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