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What can i do regarding executed NBW in N I Act matter

Querist : Anonymous (Querist) 01 April 2010 This query is : Resolved 
In 138 proceedings, NBW was pending against the accused, but the same could not be executed Last 3 year's peanding but not proper service by Police that accused also meet to complaint and presently leave on record adress. court issued NBW on hearding dates but return without service with wroongful report by police.
Please advise me what can i do proper and fast service.Tanks


Sukhija (Expert) 01 April 2010
u urself and complainant go along with police constable to the residence of accused at odd times to execute nbw, iff u can.
Best of luck
Querist : Anonymous (Querist) 01 April 2010
Thanks for support That way Very good but I want know what can I do in wrongful reporting by police constable on NBW. what reamedy in law and get from court and other's.
Devajyoti Barman (Expert) 01 April 2010
You can ask for execution of the warrant through the SP of the Distrct Police by making a petition before the Magistrate.
Querist : Anonymous (Querist) 01 April 2010
Thanks for interest in matter. but court also send NBW thought SP but not repoted on NBW by police dep.I want know what application or any other remedy rec. from court. Before thanks & Warm Regard's
nidhi kalia (Expert) 01 April 2010
now this stage u request to the hon'ble to decide this matter.court may be direction to the I.O. and SP to send the nbw by procsee server or personaly
Arvind Singh Chauhan (Expert) 01 April 2010
If no option left you can pray to court to declare him absconder under Sec 82 Cr.P.C. and after it may apply for attachment of his property, under Sec 83 Cr.P.C.
Raj Kumar Makkad (Expert) 01 April 2010
You may approach to higher police officials and complain about the wrong reporting officers and pray him to do the needful and action against those erring persons.

Personal efforts are required to effect NBW.
Parveen Kr. Aggarwal (Expert) 01 April 2010
Mr. Anonymous,

The Court may direct the concerned serving constable or policeman or Incharge of the concerned police station to come present in the court on the next date of hearing and explain as to why the warrants of arrest were not executed. Such direction may be helpful in avoiding false report by the policeman and will expedite the execution of warrants of arrest.


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