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Riyaz Ahmed   30 October 2023

bw/nbw not issued.

judge refuse to issue bw even after 8 summons for which the accused evading/escaping &returned them.Pl.advise remedy.


Quick Summary
This discussion addresses the issue of a judge refusing to issue a bailable warrant (BW) or non-bailable warrant (NBW) even after multiple summons have been issued and returned unserved. The advice suggests filing an RTI application with the police to obtain a report on the summons service and any delays. If summons remain unserved after several attempts, the court may order the submission of a fresh address and new summons, rather than issuing a bailable warrant in such circumstances.

 2 Replies

SAM (LEGAL)     30 October 2023

File RTI Application to police and ask for Police report with respect to service of summons on accused and delay in service of summons to accused and after getting reply from police submit it to court

T. Kalaiselvan, Advocate (Advocate)     30 October 2023

If the summons/notices are not served repeatedly for more than 3 times,  then the court will pass an order to furnish fresh address and fresh summons.

The couirt cannot pass an order for bailble warrant in this situation.


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