Police officer not appearing in court

t

Question asked on: 31/08/2015

Sir I am central govt employee and my promotion is pending due to ongoing five years long pending case. case is pending for police evidence though court summons issued so many time but police officer not appearing in court. Please suggest how this case will be finished.

Advised by: Shivendra Pratap Singh,

When witness fails to appear in court or deliberately ignores process of the court then court is empower under code of criminal procedure to compel him and secure his appearance.

You should file an application for issuance of Bailable warrant against him. Sec. 71 of crpc deals with bailable warrants. As per Sec. 71 (1), any court issuing a warrant for the arrest of any person may it its discretion direct by an endorsement on the warrant that if such person executes a bond with sufficient sureties for his attendance before the court at a specified time.

If police officer again disobeys the process of court then you should approach for issuance of Non-Bailable warrant. You should file complaint against him before his superior officer along with certified copies of order sheet of court and copies of warrant issued against him. Superior officer is empowered Police Act to stop his salary or make adverse entry in his service book.

  •  

Ask Your Question

Shivendra Pratap Singh

Advocate, Lucknow

Advice: 17493

Consultation: 3402

Domestic violence committed prior to coming in force of DV Act

Whether court can take cognizance of domestic violence committed prior to the enforcement of DV Act ? The Protection of Women from Domestic Violence Act, 2005 came into force in year 2005. This Act came into force when several acts of domestic violence had been...

How to Arrest in Section 498-A (Cruelty) IPC

How to arrest the accused of the offence of cruelty punishable under section 498A of the Indian Penal code? Statistics published by National Crime Records Bureau, Ministry of Home Affairs shows arrest of 1,97,762 persons all over India during the year 2012 for the...

Claim juvenile at any stage

Could a juvenile accused claim his juvenility at any stage of proceeding? A fact that accused was juvenile at the time of commission of offence is most important fact. This fact can be raised at any stage of criminal proceeding. Trial, appeal and revision are the...

Unlawful assembly

Unlawful assembly under Indian Penal Code Section 141 of the Indian Penal Code (IPC) defines the unlawful assembly. An assembly of five or more persons is designated an “unlawful assembly” if the common object of the persons composing that assembly is to commit any...

Dowry death and cruelty

My daughter died in strange circumstances. She in-laws were demanded dowry after the marriage. I could not fulfil their demands but tried best to achieve as far as possible. I have sufficient evidence to prove that they demanded dowry otherwise ready to face dire...

quick Advice

Get A Quick Advice

Book an appointment for 15 minutes and consult with an expert over the phone within minutes

Talk to Advocate Shivendra

Book a phone consultation for 30 minutes and get solid advice on the phone

Book it Now