Accused not traceable after issuance of NBW
4 months ago
SCDRC issued NBW against accused, but police is saying accused is not available ate the address. And I don't have new address of accused because he is untraceable.
What should I do?
A.Dear Client,
If the State Consumer Disputes Redressal Commission (SCDRC) has issued a non-bailable warrant (NBW) against the accused, but the police are unable to locate the person at the provided address, you may want to take the following steps. Firstly, ensure that you have provided the most accurate and up-to-date information to the authorities. If you are unaware of the accused's current address, try to gather any additional information or contacts that might help in tracing them. Communicate this information promptly to the police.
Consider informing the SCDRC about the situation, providing details of the efforts you have made to assist the police in locating the accused. Additionally, consult with a legal professional who can guide you on the appropriate legal steps to take in such a situation. They may advise you on possible alternatives, such as filing a petition for the execution of the NBW or seeking the court's assistance in locating the accused. It's crucial to work closely with both law enforcement and legal experts to navigate this situation effectively and ensure the legal proceedings progress appropriately.
Thankyou
If the State Consumer Disputes Redressal Commission (SCDRC) has issued a non-bailable warrant (NBW) against the accused, but the police are unable to locate the person at the provided address, you may want to take the following steps. Firstly, ensure that you have provided the most accurate and up-to-date information to the authorities. If you are unaware of the accused's current address, try to gather any additional information or contacts that might help in tracing them. Communicate this information promptly to the police.
Consider informing the SCDRC about the situation, providing details of the efforts you have made to assist the police in locating the accused. Additionally, consult with a legal professional who can guide you on the appropriate legal steps to take in such a situation. They may advise you on possible alternatives, such as filing a petition for the execution of the NBW or seeking the court's assistance in locating the accused. It's crucial to work closely with both law enforcement and legal experts to navigate this situation effectively and ensure the legal proceedings progress appropriately.
Thankyou
Helpful
Helpful
Share
A.Dear Client,
The entire procedure to seek presence of accused, witness or any other person before Court or arrest of an accused by the Police in some case falls under chapter VI of the CrPC under the title “Process to secure Appearance” . Section 61 to 90 of Cr PC provide for seeking appearance of any person before a the Court by issue of process of Summons and or Warrant ( BW or NBW). NBW once issued remains in force untill its execution and court even can order for attachment of property etc u/s 82, 83 Cr PC where it is needed, if such warrant remains un-executed. After issue of non-bailable warrant addressed to the police, police is duty bound to arrest the person against whom the warrant is issued. If could not be arrested for the reason untraceable, then the police should report to the issuing Court before the date fixed. If it is found that the accused warrantee is moving freely and police is not willing to execute the warrant, the aggrieved person may move the court for direction to the senior police authority. But, the fact remains that police is the authority to arrest by execution of the warrant of arrest, unless the court is satisfied and direct other appropriate authority to execute it. Non-bailable warrant has to be executed by the police authorities of the district where the accused is mentioned to be living and if the accused is on run, the court will declare him as proclaimed absconder under section 82 of the CrPC. When a person accused of a cognizable offence deliberately evades arrest or does not appear before the trial court despite the issuance of a non-bailable warrant (NBW), the Police or investigating agency may request the concerned Court for issuance of a Look Out Circular(LOC) to stop the accused to leave the country to evade trial or arrest.
The entire procedure to seek presence of accused, witness or any other person before Court or arrest of an accused by the Police in some case falls under chapter VI of the CrPC under the title “Process to secure Appearance” . Section 61 to 90 of Cr PC provide for seeking appearance of any person before a the Court by issue of process of Summons and or Warrant ( BW or NBW). NBW once issued remains in force untill its execution and court even can order for attachment of property etc u/s 82, 83 Cr PC where it is needed, if such warrant remains un-executed. After issue of non-bailable warrant addressed to the police, police is duty bound to arrest the person against whom the warrant is issued. If could not be arrested for the reason untraceable, then the police should report to the issuing Court before the date fixed. If it is found that the accused warrantee is moving freely and police is not willing to execute the warrant, the aggrieved person may move the court for direction to the senior police authority. But, the fact remains that police is the authority to arrest by execution of the warrant of arrest, unless the court is satisfied and direct other appropriate authority to execute it. Non-bailable warrant has to be executed by the police authorities of the district where the accused is mentioned to be living and if the accused is on run, the court will declare him as proclaimed absconder under section 82 of the CrPC. When a person accused of a cognizable offence deliberately evades arrest or does not appear before the trial court despite the issuance of a non-bailable warrant (NBW), the Police or investigating agency may request the concerned Court for issuance of a Look Out Circular(LOC) to stop the accused to leave the country to evade trial or arrest.
Helpful
Helpful
Share
A.Dear Sir,
It is your duty to assist the Police by tracing the address of the Accused. Otherwise Police may keep the file in cold storage and never arrest the Accused.
It is your duty to assist the Police by tracing the address of the Accused. Otherwise Police may keep the file in cold storage and never arrest the Accused.
Helpful
Helpful
Share
Read Related Answers
Format of application file u/s 71 of the Consumer Protection Act
Dear Client,
Section 71 of the Consumer Protection Act, 2019, provides the District Commission, State Commission, and National Commission the power to enforce their orders in the same way as a court d...
Bajaj finance closed my loan and provided NOC but re-open the account
Dear Client,
In the given scenario, serving a legal notice to Bajaj Finance, file a complaint against them before the Dist. Consumer Commission for deficiency in service and unfair trade practice clai...
Money on hold
Dear Client,
Even if it is your hard-earned money, the source of income is illegal and impermissible under the company's policy. So, you cannot demand or keep that income with you as a matter of right...
Delay in work by interior designer and not providing copy of contract
Dear Sir,
You may get issue a legal notice or approach Police and settle the matter failing which approach Consumer Court.
Refund against service provide | study abroad consultancy
Dear Client,
In the absence of a refund policy on cancellation of a contract midway, it may be a difficult task to get back the refund from the service provider. However, a service provider cannot de...
Read Blogs on Consumer Protection
Consumer Protection Lawyers
Find Lawyers by Location
