Legal Question in Criminal Law in India

to get arrested an accused without b/w in hand while he never attended the court

An accused under section 138 of NI act had left the place of his working as well as residence after taking loan, the case is at the stage of bailable warrant for last two years without executing the bailable warrant , I with my lawyer go to court on every date of hearing and and deposit TALBANA with bailable warrant and the b/w returned unserved everytime. One day, I suddenly saw the accused siting in a hotel taking tea. I went to nearby police station and pursued the police to arrest that accused under section 41(a)crpc, but the policemen wanted to have bailable warrant in their hand and asked me whether the new bailabe warrant was already signed by magistrate and where the warrant is, which I do not know. I got confirmed them from the police station which returned b/w unserved, still no policeman from the both station was ready to arrest the accused without b/w in hand. In the meantime the accused went away. I count not press much police because I was not sure What is the law and how to deal and get accused arrested if it happen in future .

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