Legal Question in Criminal Law in India
i had been a tehsildar with powers of executive magistrate of first class in year 2000 in particular district. during the exercise of duties i had certified something i.e.sealed and signed the contents in a bag containing prohibited narcotic item. case was lodged against the accused. i got superannuation and retired in march 2007. th e sessions judge of the district called to make statement through a NON-BAILABLE WARRANT addressed to the police. i donot feel it fair-- bcz 1/no earlier information ever received 2/ i was tehsildar holding good reputation 3 / i was executive magistrate and moreso 4/ i am presently completing 64 years of age and hence a senior citizen. c
the action of the judge and the public prosecutor anantnag, kashmir have humiliated me. bcz even if i would have refused or ignored the summons , (which was not there) the additional sessions court was supposed to issue bailable warrants which has not been done. date of hearing is 4.2.2013 and today on 2.2.2013 i have got the non bailable warrants cancelled after furnishing a personal bond for 5000 rupees.
what action i can take against whom , both administratively and legally.their action has humiliated me a lot . kindly advise me.
i intend to bring into the notice of the hon'ble cheif justice of j&k with copy to commissioner law department, j&k govt., and advocate general to whom i will humbly request to make the judge understand the delicacies of ethics especially when i have joined bar and dealing in revenue cases before revenue authoritie s as a advocate. i will definitely go to attend the court on 4th february 2013 without fail. but i donot feel the issue of non bailable warrants was required. help and suggest all. thanking you sir , sincerely yours mohamad hafeez bakhshi, srinagar.
3 Answer from Attorneys
Please first check records of earlier service of summons and reasons for which court thought it appropriate to issue NBW.
If based on some incorrect or wrong information by police or process server, Court issued NBW then you may take appropriate legal recourse against such person/s.
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