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?
2 Answers from Attorneys
Re: what remedy accused attending a court while required by another court also
You move an application or can brought the fact to the knowledge of second court about the appearance of accused in first court with the next date in first court with request that the warrant may be executed in first court.
Re: what remedy accused attending a court while required by another court also
ii-court can issue warrant &same can be excuted anywhere.on the spot ist court can order for detaintion and direct police to take him in costody.
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