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Sunil G (.)     05 March 2013

Will court issue arrest warant on recving private complaint?

The other party has police influence which is why we want to go to the court instead of police  to see if we can get an arrest warrant against them, for the criminal complaint we have against them. The offence that the other party committed is 420 where they took 30 lakhs saying they would perform something but now they took the money and re-siled. Would the court take our complaint to be filed under section 190 1(a) w 200 of Cr.P.C and  just forward to the police station OR IS there ANY way we could get the court to issue arrest warrant against he other party?

The reason I ask is, if court forwards this to the police station, the other party would use their influence and escape an arrest and prevent the police from filing any charge sheets. I want the justice, which I will not get if it goes to police station without an arrest warrant from the court. So  how can I get the court to issue arrest warrant against the other party?


 2 Replies

jitendra yadav (ADVOCATE)     06 March 2013

by two ways it can be done 1. if police registers fir then they can be arrested 2. if you file private complaint to the court praying for issueing 156(3) of cr.p.c and if you succeeded then court would direct concern to registered the fir and after investigation and statement arrest can be made. but without these ways arrest cannot be made.

Sunil G (.)     06 March 2013

So court cannot issue arrest warrant without police involvement if we file a case under 190 1(a) and 200 of Cr PC?

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