sec. 138 n.i act.

ripunjay sharma (Querist) 29 May 2011 This query is : Resolved
in sec.138 matter n.i. act accused is avoiding summon, bailable warrant several times since last 3 years with the collussion of concerning police station.court has ordered service of bailable warrant through superintendent of police,than also accused managed to avoide bailable warrant in collussion with police.

1.what's the further step v take.
2.weather we can file criminal mis. petetion u/s 482 in high court by making state through p.p,presiding officer of court,superintendent of police,station house officer of police & accused as respondant.with prayer of speedy trial & directions of service of summons to police with regards
ripunjay sharma (advocate)

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M/s. Y-not legal services (Expert) 29 May 2011
No. The concern trial court can take action against the dsp who is not executing the warrant on the accused..

adv. rajeev ( rajoo ) (Expert) 30 May 2011
next step is fpr proclanation

Arvind Singh Chauhan (Expert) 30 May 2011
Court can issue notice to concern police officer for non compliance of it's order. If police is saying on it's report that accused is escaping, then the next step is proclamation.

M.Sheik Mohammed Ali (Expert) 30 May 2011
yes. i do agree experts reply

G.Sundara Rajan (Expert) 30 May 2011
File petition U/s.83 Cr.P.C. for compelling the production of witness and attach his properties if any under the section.

PALNITKAR V.V. (Expert) 30 May 2011
If the accused is absconding or is avoiding arrest, a proclamation can be issued against him and his property can be attached.