Legal Question in Criminal Law in India

what remedy accused attending a court while required by another court also

An accused is attending a particular court say Ist court in a metro city on some dates of hearings, whereas the said accused is required in another court say IInd court of the said city (since there is a number of criminal trial courts in metro cities) in another case under section 138 of NI Act and the order of arrest warrant has already made by the IInd court, but could not executed on accused as he left the address where he used to live.Can an application be filed before Ist court requesting him to hand over the accused to IInd court whenever he attend Ist court or should an applicatin be filed before IInd court if yes under which section or can application be moved under section 319(3) crpc, any other remedy if yes, What?


Asked on 6/02/07, 7:28 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: what remedy accused attending a court while required by another court also

A Warrant - either Bailable or Non-Bailable can be executed at any time within India. There is no provision or procedure whereby Court No.1 be requested to hand over the accused to Court No.2 as and when appears. Such a request can be made only when the accused is in custody of Court No.1. The best way in such a case is to find out on which day accused is scheduled to appear in Court No.1 and have the warrant executed as soon as he walks out of the Court No.1.

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Answered on 6/02/07, 7:40 am
G. M. Gupta gmguptaandassociates

Re: what remedy accused attending a court while required by another court also

if the accused in custody then you can file application for production of accused in the court where ur case is pending

otherwise you can see contact details of the accused in the court file of court 2 and file his address in ur court and if not served you can intimate the court 2 that his address is fake.

if your court has issued warrants then file the application under the said section in the 2nd court.

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Answered on 6/03/07, 2:19 pm


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