madhu mittal (director) 01 August 2011

What remedy accused attending a court while required by anot

An accused is attending a particular court say Ist court in a metro city on some dates of hearings, whereas the said accused is required in another court say IInd court of the said city (since there is a number of criminal trial courts in metro cities) in another case under section 138 of NI Act and the order of arrest warrant has already made by the IInd court, but could not executed on accused as he left the address where he used to live.

Can an application be filed before Ist court requesting him to hand over the accused to IInd court whenever he attend Ist court or should an applicatin be filed before IInd court if yes under which section or any other remedy if yes, What?

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4 Replies

Saurabh..V (Law Consultant) 01 August 2011

@Author

You can readily tell the IInd court about this position of the accused. The court shall pass an order in this regard. The nayab court shall effect these orders and produce the accused in the designated court wherever required.

//peace

/Saurabh..V

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 01 August 2011

In the given situation, an application can be made to the Court to handover such accused person to another court to face warrants pending before that court. It only means that warrants issued by a particular court can be got executed through some other court. This is a simiple procedure in the administration of justice. A prayer should be made to the court to issue warrants to be executed by some another court.

madhu mittal (director) 16 August 2011

Thanks for Saurabhji and Raj kumar Makkad sahib whose scorecard is so high to attend my query, but as you are telling it so simple, in our courts, it is not so simple for ordinary complainant and his lawyer. When an application was made in the court where the accused attended, The Presiding Officer got angry and asked why you are increasing this court work, this type of applications can not be entertained and let me know where this procedure is given. So you are requested to give some section or procedure where it is written or something so that it can be got implemented. Regarding a prayer to court to issue warrants to be executed by some another court, whether this application can be made before the hearing Date as the hearing Date is very long date, means whether this application can be made any time by complainant, just like accused got bail in court any time. Thanks a lot in advance.