Refrain from Issuance of NON BAILABLE WARRANTS at First Instance

Hello Client, Yes, they are liable. According to Police Act, 1861 S.28 covers the same saying that every police officer who commits a duty violation, neglects to follow a lawful order or regulation issued by a competent authority, resigns from his position without authorization, engages in lawful employment outside of his position without authorization, is cowardly, or uses unjustified personal violence against a person in his custody will be held accountable upon conviction before a Magistrate.

Hi client, If you are not satisfied with any particular order or judgement, you can challenge the same to the higher authority. Thanks and Regards Simi Paul

Dear Client, Given the scenario, you can apply the Court that passed the execution order praying for an order for the issue of a bailable/non-bailable warrant to arrest the judgement Debtor/accused who has been evading his presence before the Court on multiple occasions. NBW, once issued, remains in force until its execution and the court can even order the attachment of property, etc, u/s 82, 83 Cr PC where it is needed if such a warrant remains un-executed. After the issue of a non-bailable warrant, the police are duty-bound to arrest the person against whom the warrant is issued. A non-bailable warrant has to be executed by the police authorities of the district where the judgement debtor/accused is mentioned to be living and if the accused is on the run, the court will declare him as a proclaimed absconder under section 82 of the CrPC. When a person accused of a cognizable offense 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 Hon'ble Supreme Court in the cas of Rahul S. Shah vs. Jinendra Kumar Gandhi had held that, the Executing Court must dispose of the Execution Petitions within six months, from the date of filing, which may be extended only by recording reasons in writing for such delay. The Execution Court is duty bound to record reasons in writing when it is unable to dispose of the matter within the timeframe. Further, speedy trial is a fundamental right implicit in the guarantee of life and personal liberty enshrined in Article 21 of the Constitution of India and any party to a litigation who is denied this right of speedy trial is entitled to approach the High Court under Article 226 of the Constitution of India praying for a direction to the trial court below wherein your case is pending for execution for expeditious hearing of the case and disposal within a given time frame.

Dear client, This would most likely come under section 353: Assault or criminal force to deter public servant from discharge of his duty. But this would be applicable if the government official was working at the time. Section 307 may be applicable if the friend had the knowledge and intention of attempting to murder. This depends upon the facts of the situation. Thank you.

We will need both agreement copy then it will be clear