Police officer not appearing in court

Sir, I am a central govt employee and my promotion is pending due to the ongoing five years long-pending case. the case is pending for police evidence though court summons issued so many time police officer not appearing in court. Please suggest how this case will be finished. When the witness fails to appear in court or deliberately ignores the process of the court then the court is empowered under the code of criminal procedure to compel him and secure his appearance.

by Shivendra Pratap Singh | Aug 31, 2015 | Criminal Law

Sir, I am a central govt employee and my promotion is pending due to the ongoing five years long-pending case. the case is pending for police evidence though court summons issued so many time police officer not appearing in court. Please suggest how this case will be finished. When the witness fails to appear in court or deliberately ignores the process of the court then the court is empowered under the code of criminal procedure to compel him and secure his appearance. You should apply for the 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 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 a complaint against him before his superior officer along with certified copies of the order sheet of court and copies of a warrant issued against him. Superior officer is empowered Police Act to stop his salary or make an adverse entry in his service book.
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Tags: Criminal Law

Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

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