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Summon, bailable warrant and arrest warrant

Page no : 2

Madhu Mittal (Director)     01 December 2015

Respected Sir TGK Reddi,

“After a summons or a warrant is signed, the clerk of the Court hands it over to the constable present in the court.” As written by you, it happens. Here I want to know the procedure written in law,  Who is responsible,  Because The Presiding Officer does not want to bother what actually happened with Warrant issued by the court, and on hearing date,   when Warrant is not returned by police either it being executed or non-executed, The Presiding Officer simply gives another hearing date for the same procedure to be happened in future.

Respected Sir Sainath Devallaji,

It is not an academic query, it is genuine one, it happens daily in the courts, the victim is helpless, local lawyers are also unable to answer this and solve in legal way, that is why it is written in this forum hoping that out of so many (330196 at this moment) Learned members of this Forum, at least, one could solve it.

SAINATH DEVALLA (LEGAL CONSULTANT)     01 December 2015

Despite inputs from many experts to UR query,U are still comming to the starting point,wait till 330190 members attend UR query.

Madhu Mittal (Director)     02 December 2015

Respected Sir TGK Reddi,

Sir, exactly this is the point where is problem. “On every hearing date, the police informs the Presiding Officer of the non-execution of the warrant. “ But in Jaipur, in most of the cases, On every hearing date, the police nothing informs about the fate of warrant, whether it is executed or non-executed. The Presiding Officer simply gives another hearing date for the same procedure to be happened in future. Here I want to know what should be done by the victim/complainant as per law to get the responsibily fixed that who is responsible for non-information about the fate of  warrant.

Thanks for understanding the problem in right reference,

Madhu Mittal (Director)     03 December 2015

Respected Sir TGK Reddi,

Thanks for taking sincere interest in the problem, cited by me. Before implementing,  what is suggested by you, I want to study myself where the procedure of sending the Warrant from Court to Police Station and From Police Statin to Court is written, so that if I have to fight upto any level, it can be faught in right direction, as you know it will be regarded as complainant of Concerning Presiding Officer, and it will be surprise to you that the working of this type is not of a Particular Presiding Officer, but almost all Presiding Officers'. So one has to work with very cautious. As First you are being denied your money by the drawer of cheque,  against whose, one has filed a complaint before the Presiding Officer of the Court, now one has to fight the system. So please do not take it otherwise, I still come from where I started that where is the procedure written in law, so that I can try to get it implemented at each level and where there is a mistake, that can be complainant to appropriate person/authority.

 


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