police officer not appearing in court

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Question From: Criminal Law

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.

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.

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