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ramavenu   26 July 2016

No action by police for nbws

Respected Experts of LCI,

In a forgery case, 4 NBWs were issued by the Mgistrate against the Accused for producing him to the Court by the Police. The Accused is very well available but Police have not acted on NBWs. Trail has not started yet. Under this circumstances, kindly let me know what action the Magistrate will take to produced the Accused to the Court.

Thanks & Regards,

Ramavenu



Learning

 4 Replies

Pawan S (06292021602) (Advocate)     27 July 2016

The court has simply proceeded to the next stage under law.NBW issue by the court for secure the presence of accused.It is only to ensure the  presence of  accused on date of hearing when accused does not appear in a criminal case.
Check whether the accused has filed any application for cancellation of NBWs issued against him? If hence, whether Robkar gets issued or not?

Regards,
Ekta

1 Like

adv.bharat @ PUNE (Lawyer)     27 July 2016

Court can issue warrent for arrest of that person to produce him before the court of law.

1 Like

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     28 July 2016

Have the NBW's executed through higher police officials such as ACP,DSP,etc.

In case the warrants are still not executed, then ask the court to initiate proceedings u/s 82 and 83 of the Crpc.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

1 Like

Deepthisudan (housewife)     09 August 2016

Originally posted by : Augustine Chatterjee
Have the NBW's executed through higher police officials such as ACP,DSP,etc.

In case the warrants are still not executed, then ask the court to initiate proceedings u/s 82 and 83 of the Crpc.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Dear Mr.Augustine,

Thank you for your reply. So far 3 NBWs were issued but Police have not produced the accused in the Court. Under this circumstances, whether the proceedings u/s. 82 & 83 Cr.PC can be initiated and if yes, who has to initiate it whether the Complainant or APP as this case is State vs accused.

Thanks & Regards,

Deepthisudan.


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