The non-appearance of the Accused and absence of his Counsel on the hearing date and / or non-filing of a Petition under Section 317 Cr.P.C. condoning the Accused absence, in such case, the Court leaves with no other choice but to issue a Non-bailable Warrant against the Accused. As a result of Non-bailable Warrant, the […]
The Warrant of Arrest could be executed by anyone including a private person, however, to expedite and legitimate the arrest legally, the Police are predominant party as its Executant.
In Criminal Law, Warrant of Arrest is a Court Order. It is issued under Section 70[1] of Cr.P.C. by the Court invoking the arrest of the Accused and produce him in the Court.
Private Notice is also another form of Summons. Whereas, in this case, the Notice is sent by the Complainant directly to the Accused / Respondent under the instructions from the Court informing former’s appearance in the Court on the said date and time.
Summons in short is a Notice issued by the Court to the Accused or Respondent or Witnesses [according to the nature of the case] for his appearance in the Court on the pre-determined date. In order to secure the presence of the Accused, the Court may also follow substituted services.
Lookout Circular generally issued by the Police Department under their own administrative guidelines and sometimes even the Trial Courts directs the Police to do so if the absence of the Accused is hindering the Trial and / or further proceedings. The production of the Accused by the Police or the appearance of the Accused himself[…..]
In a Police Case, when the Accused was believed to have left the Country or attempting to leave the Country to evade possible arrest or neglecting any inquiry or Trial, then the Police under the highest official Order releases a look out circular against the Accused. The Lookout Circular is issued to the Airports and[…..]
When the Respondent / Accused had not turned up on the hearing date despite a Court Notice and Private Notice were served on him and / or the Notices were returned to the sender for the reasons that the addressee either left the place of his stay or declined to receive the Notices and the[…..]
Affidavit of Service is in short called AOS. A Court requires to see proof of delivery of the Private Notice sent under its direction to the Accused or Respondent for his appearance on the hearing date. And, such Proof of Delivery of the Notice is enclosed with an Affidavit of the Complainant or his Counsel[…..]
Process is a procedure of either summoning the Accused / Witnesses to the Court or pleading the Court to issue a Warrant against the Accused and / or such similar things. A Process Application together with a postal stamp affixed envelope is filed in the Court praying for any said or determined purposes.