Fir against police in cheque bounce case

Manjunath (Querist) 27 April 2022 This query is : Resolved
Sir,

I had filed a cheque bounce case in local district court.
Now it is in appearance of accused stage.
Court has issued a NBW against him.
It has been months now and The local police is useless to go and catch him.

Can I put a request letter to police to catch him quoting the warrant number and case number of court.
If police fails to catch him within a week, can I file FIR against SI of that police station for failure to perform duty?

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Quick Summary

If the police are not executing a Non-Bailable Warrant (NBW) issued in your cheque bounce case, you cannot file an FIR against them for failing to do their duty. Instead, you can write to senior police officials like the OC and SP about the unreasonable delay. You can also inform the court of the delay and provide any information you have about the accused's whereabouts. Your lawyer can also file an application for early disposal of the case.

kavksatyanarayana (Expert) 27 April 2022
Why do you worry when the court ordered a NBW. The police will take action as per court orders. If you feel the delay, you consult your own counsel and if necessary he will file an application for early disposal.

SHIRISH PAWAR, 7738990900 (Expert) 28 April 2022
Hello,

Yes , as NBW is issued police will catch him and produce before court. FIR cannot be registered against him.

Advocate Bhartesh goyal (Expert) 28 April 2022
If you know the whereabouts of accused then you may bring this fact in notice of police but cannot registered FIR Against police officials for their performance of duty.

Pradipta Nath (Expert) 29 April 2022
You may write to the OC and SP that there has been unreasonable delay in executing the NBW. Thereafter you may file a petition attaching the letters to the court stating the facts to be kept on record and for passing necessary orders for the ends of justice.

Sri Vijayan.A (Expert) 29 April 2022
When NBW is in place, your requisition does not matter.
If the accused is absconding, not traceable, what the police can do?
On the other hand, the accused is aided by police, you can intimate the same to Court.
If you know the [hiding] place of accused, the same can be intimated.
FIR against SI is not possible.

Dr J C Vashista (Expert) 30 April 2022
You have take no action except filing of process fees in the Court for issuance of non- bailable warrants , if applicable.

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