Police refusing to arrest Proclaimed Offender

rajan chopra (Querist) 02 February 2016 This query is : Resolved
Sir in a complaint u/s 138 of N I Act filed by me the accused was declared Proclaimed Offender for his non service despite issuance of summons and arrest warrant being issued against him repeatedly to answer the complaint and certified copy of order by court of declaring the accused a Proclaimed Offender was obtained by me.I on having intimation of the P.O at a distant place informed the local police of that area and requested them to arrest the P.O to produce him in the court and showed them the certified copy of court order.The Police refused to arrest the P.O for producing him in court by saying that they will arrest the P.O only on the basis of an arrest warrant against him which should be directed to them to be executed by the court and not on the basis of a order of declaring him a proclaimed offender as in the court order there is nothing to say that P.O may be or can be arrested by that local police.Now how is it possible to bring the P.O to court of law to face the trial?

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P. Venu (Expert) 03 February 2016
The police will follow the due procedure in apprehending the accused and producing before him before the court. If there is any will lapse on their part, you advocate can bring it to the notice of the Court.

Adv. Yogen Kakade (Expert) 03 February 2016
Tell your lawyer to apply and mention before concern court regarding this issue.

Rajendra K Goyal (Expert) 03 February 2016
You can meet higher police officials of that place.

If no effect your lawyer would proceed accordingly.

Dr J C Vashista (Expert) 05 February 2016
Well advised.

Guest (Expert) 05 February 2016
Action of police is not wrong. Proclaimation of a person as an offender by a court does not mean isue of an arrest warrant against him. Get arrest warrant issued, if you want to get him arreated.

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