case not moving in the court since 2020
9 months ago
I have filed an FIR no 246/18 at Sambalpur and the police instead of arresting the accused submitted the charge sheet in the SDJM court. The court issued NBW warrant against the accused (from Punjab) in 2020. NOW Court only sends reminders to the police to arrest them but the police have not taken any action since. I prayed to court but judge shows her limitation on this. Even i have taken the help of public prosecutor but he is also not interested.
What to do?
Can i take this case to Orissa high court.
A.Dear client,
Engage a lawyer: First and foremost, consult with an experienced lawyer who practices in the Orissa High Court. They can review the details of your case, including the FIR, charge sheet, and the NBW issued by the SDJM court. Your lawyer will guide you on the best course of action and assist you in filing a petition in the high court.
File a writ petition: If you believe that your fundamental rights are being violated, you may consider filing a writ petition in the Orissa High Court. A writ petition is a powerful legal remedy to seek intervention from the higher judiciary when your rights are not being protected by lower courts or government authorities.
Seek the court's intervention: In your petition, you can explain the situation, including the lack of action by the police and the lower court. Request the high court to issue appropriate directions to the authorities to ensure that the NBW is executed, and the accused is arrested and brought before the court.
Gather evidence: Your lawyer will help you gather relevant evidence, such as the copies of reminders sent by the lower court to the police, any communication with the public prosecutor, and other relevant documents that support your case.
Submitting the petition: Once your lawyer has prepared the writ petition, it will be submitted to the Orissa High Court. The court will then review the petition and may issue notices to the concerned parties for their response.
Attend court proceedings: Your presence or that of your lawyer might be required during the court proceedings, so it is essential to be prepared for hearings.
Engage a lawyer: First and foremost, consult with an experienced lawyer who practices in the Orissa High Court. They can review the details of your case, including the FIR, charge sheet, and the NBW issued by the SDJM court. Your lawyer will guide you on the best course of action and assist you in filing a petition in the high court.
File a writ petition: If you believe that your fundamental rights are being violated, you may consider filing a writ petition in the Orissa High Court. A writ petition is a powerful legal remedy to seek intervention from the higher judiciary when your rights are not being protected by lower courts or government authorities.
Seek the court's intervention: In your petition, you can explain the situation, including the lack of action by the police and the lower court. Request the high court to issue appropriate directions to the authorities to ensure that the NBW is executed, and the accused is arrested and brought before the court.
Gather evidence: Your lawyer will help you gather relevant evidence, such as the copies of reminders sent by the lower court to the police, any communication with the public prosecutor, and other relevant documents that support your case.
Submitting the petition: Once your lawyer has prepared the writ petition, it will be submitted to the Orissa High Court. The court will then review the petition and may issue notices to the concerned parties for their response.
Attend court proceedings: Your presence or that of your lawyer might be required during the court proceedings, so it is essential to be prepared for hearings.
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