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Rajiv (none)     15 February 2014

Police io not appearing and bringing case file to court

I am new to forum and not a lawyer so please excuse me for any mistake. There has been a case file against our relative u/s 353/332/186 and the accused is under Judicial Custody from last 7 days. On this date the matter was listed for bail application hearing in the MM's court, but the court authority didn't send the intimation to the IO for appearing in the case and court was adjourned for another 3 days stating that there is no file present today and intimation should be sent to local police to appear in the case. The proxy IO appeared in the court and stated that IO in this matter has gone in some urgent raid the file has been locked in some almirah....

 

Want to know can IO even after order from court can't appear in court or bring case file to the court? And if he still do so what action we can take since our bail application has not been heard from last two days? Looking at the situation since case is not in our favour should we request IO or local police to bring file rather than asking court to take action. 

Any other suggestion ..



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 1 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     15 February 2014

Dear Querist

its totley depend on your advocate who fight the case, he/she may raise objection in this regard before court and claim bail or court may pass an order as deem fit and proper, in the interest of justice.


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