Madhu Mittal (Director) 15 May 2023

Bailable warrant information under rti act

Ist one complaint u/s 138 Negotiable Instruments Act was lodged for one dishonored cheque.

After taking cognizance, summon was issued to accused. Summon was sent to Accused through Registered AD. Afterwards, Bailable Warrant of Accused was issued which was taken by complainant by Hand from Hon’ble Trial Court and sent to Police Station by Registered Post in which area accused lives.

The date upto which Bailable warrant was to be executed has expired but neither it was executed nor non-executed Bailable warrant with Police report were sent back to Hon’ble Trial Court upto the date on which it was to be executed.

An application under RTI was sent by complainant to Public Relation Officer of Police Station to know what has happened to this Bail Warrant. A telephonic call from the SHO of Police Station came to complainant that the complainant has not any right to ask about the same under RTI Act, only the concerned Hon’ble Trial Court has right to ask about the same.

Please let me know whether the SHO is correct?

In addition to above, SHO sir also told that no such bailable warrant was got by his Police Station when told it was sent by Registered post, it was replied by him that normally persons send Empty Envelop to get sympathy from the Court for getting their complaint u/s 156 (3) lodged, what is the proof of sending Bailable Warrant in the Envelop?

Please guide how to prove that complainant sent Bailable Warrant in the Envelop, not Empty Envelop.

IInd complaint u/s 138 Negotiable Instruments Act was lodged after some time for one another dishonored cheque against the said accused arising out of same transaction. Again cognizance was taken, Summon was sent through Registered Post, afterwards another Bailable Warrant was issued and same was sent through Registered Post on 18.04.2023 to be executed upto 16.06.2023 to same Police Station.

Please guide whether complainant can ask under RTI today itself i.e 15.05.2023 { means before 16.06.2023 (the date upto which to be executed) } whether the Bailable Warrant send on 18.04.2023 was executed till date or not ? Or
whether complainant should wait upto 16.06.2023 and if not got in the Hon’ble Trial Court on that date , afterwards should ask uuder RTI about fate of the said Bailable Warrant? Or
Should not ask under RTI about this Bailable Warrant in IInd Complainant as SHO sir said that only the Hon’ble Trial Court has the right to ask ?
Please any other remedy to get executed Bailable Warrant as Accused is an influential person.

Reply Follow

2 Replies

T. Kalaiselvan, Advocate (Advocate) 15 May 2023

1. The SHO cannot simply call you over phone and orally refuse to furnish the information to the applicant seeking information by invoking provisions of RTI Act,

He has to give it in writing with the reasons for denying the to furnish the information sought for.

Let him give the same reason that you had sent the empty envelope in writing so that you can take appropriate legal action to prove that he is wrong and is reluctant to do his duty properly.

2. It is the duty of the court to send the bailable warrant to the concerned police station after you paying the process fee accompanied with an envelope with proper stamps affixed for registered post.

The police cannot deny the receipt of bailable warrant sent directly through court, becasue the court can instruct the top police officer to direct the concerned police to initiate immediate action to execute the bailable warrant.

It was your anxiety that you obtained the warrant in hand and sent it through your sources, hence the police is showing an indifferent attitude in this regard.

3. You cannot ask for the information through RTI act if the date for the completion of task has not completed or the task has not yet been executed. You should have a control over your anxiety.

4. You will get to know about the action taken by police and its status only on the next date of hearing after which you can put pressure on court and not on the police.

5. You may ask the SHO to give his reply in writing for denying to furnish the information.

P. Venu (Advocate) 15 May 2023

You have been too officious, I am afraid. Primary responsibility in forwarding the warrant to the Police Station vests with the Court, not the complainant. In case the polce play truant, the complainant can bring the matter to the notice of the Court and seek appropriate directions to the official superiors.