Legal Question in Criminal Law in India

For cases u/s 138 N I Act, summons/bailable warrants/arrest warrants are sent to Police for execution. But many a times neither they were returned after execution nor without execution. In court, next date of hearing say after 4 or 5 months is given, again the same position may remain. execution of summon etc. is the duty of police and court, but real sufferer is complainant. Please let me know what remedy is available to complainant, whether not sending the summons/bailable warrants/arrest warrants on hearing date to court, comes under contempt of court or any other remedy.


Asked on 7/12/12, 4:46 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

it has to be seen after going through the process serve report and other circumstances. mere filing a contempt would not serve the purpose. contempt should be made out.

Read more
Answered on 7/12/12, 5:07 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Gupta

Read more
Answered on 7/13/12, 2:50 am
Shrichand Nahar S.V.Nahar, Advocate

Contempt depends on facts and circumstances of each matter.

Read more
Answered on 8/12/12, 2:15 am


Related Questions & Answers

More Criminal Law questions and answers in India