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Advocate.S.A.Siddiq (Advocate)     04 October 2009

warrant issued- police refused to execute

 Dear friends

In the case 138 NI , non bailable warrant issued by court (Tamilnadu) against accused , the police SI refused to accept and refused to execute the warrant . the police officers told the accused in Delhi, so  get the  endrosment  from Supt.of Police. What can I do ? NBW issued u/s 70 cr.p.c



Learning

 6 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     05 October 2009

Local police officer is right. without endorsement of SP of local area, he is not bound to use his power against an accused of Tamilnadu residing in delhi arresting him just against a NBW isssued by TN Criminal Court. He is required to seek permission from his Superiors or SP of local area under Punjab Police Rules

Adinath@Avinash Patil (advocate)     05 October 2009

Get new address of accused from complainant and File an application before court in said matter for re issue NBW /fresh NBW against accused  on new address.

Advocate.S.A.Siddiq (Advocate)     05 October 2009

Mr.Makkad ji thank you , I think it was not our( lawyer) duty ,  for getting endrossment from superior officer 's is  police duty  (S.I)  I'm a right or not

Feroz M Shafeeque (Police Officer)     27 October 2009

Yes, it is the duty of the SHO to whom the warrant is sent to seek permission from superior officers to go out of state to execute the warrant.

 

As per police standing orders of most of the states, presidency passport (to be obtained from superiors) is a must to go outside state for official duties.

Advocate.S.A.Siddiq (Advocate)     28 October 2009

Thanks  Shafeeque ji, Allah Grace you

k.kumar raja (advocate)     29 October 2009

mr.siddiq, you may get a warrant thro' commissinor of police  delhi.


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