santosh 07 February 2015

Non bailable warrant under ipc 323 and 504

I have reported the case FIR against a person in my local police station and Police has booked an FIR under IPC 323 and 504. Now the case in District Court. It has been more than 2 year. Court has issued non bailable warrant also. But the person is not showing up in the court on hearing Date. Police is claiming that person has moved out of country. We also know the person is out of India as he is calling us from numbers out of India. Numbers Belongs to Abudhabi ( UAE).

Please help me to proceed with the legal actions so that the we could stop his VISA renewal, Or cancellation of Passport. So that we could make him to come and attend the hearing.

What are legal options available for us as we have Copy of FIR, Warrant details, Passport Details along with Photo. How we could bring him back in India and attend the hearings so that we could get the justice.

Thanks

Santosh

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3 Replies

BHUWAN RAJ 09839268489 (lawyer) 08 February 2015

If u have his passport details and other details then write a letter to the ministry of external affairs and to the concerned embassy in India with a certified copy of FIR, CHARGESHEET AND NBW for action in accordance with law.

If after a considerable period of time nothing happens then u can file a writ petition in the concerned high court for action on your letter sent to the ministry concerned with relevant prayers.

Regards

Bhuwan raj, Adv.

santosh 08 February 2015

Thanks a lot Mr. Bhuwan Raj !!!!

Please let me know if we could file such a request to CJM under whom the hearing is continue. I will write a letter to MEA and UAE Embassy also as per your guidance.

Please guide me if we could also exercise to cancel the Passport as per Passport Act.

Thanks

Santosh Gupta

BHUWAN RAJ 09839268489 (lawyer) 09 February 2015

Read 105 Cr.P.C. and search latest judgement on the same...u will get help if u file an application before the learned magistrate under section 105 Cr.P.C.

The application should be a well drafted application.

and then u can file a petition under section 482 Cr.P.C. in the high court for expediting action on that application.

Regards

Bhuwan Raj, Adv.