Legal Question in Criminal Law in India
I am in mumbai and the accused is in kerala so i cannot go there to execute the warrants my query is :
1.i have received a nbw from the court and if i personally go there to execute the warrant ,what is the correct procedure to execute it .
2.what if the accused is not present when i go with the police to his premises .
3. does police has to give report if accused is present or is not traceable ,as they have yet not given any reports from past 4 years though 3 to 4 times warrant has been sent ,and i feel that he has a setting with the police about the same , because the accused is running business in the same place and also is there itself .
4. the accused is avoiding the court proceedings willfully ,so can i ask my lawyer for proclamation order and is there any special requirement for applying for that order .
thanking you
1 Answer from Attorneys
ask the court to serve the warrants through the DCP of the area where the accused resides. If you are taking the warrants dast you need to be sure about the address and the presence of the accused when you reach the place.If the accused is deliberately avoiding the NBW you can seek proclaimation order from the court.
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