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Can a warrant be issued without going to court against a person
26-Jan-2023 (In Criminal Law)
Hi Sir / Mam.. i had taken a personal loan worth of 100000 while residing in Bangalore- However owing to medical grounds I was hospitalized since october and had to discontinue my job after the organization decided to relieve me of my duties o medical grounds- That also propelled a movement to my native and since then my old numbers and addresess are inactive - Over last few days the NBFC that granted me loan are calling my mother and telling that that have filed complaint in Sec 406 and 420 in local police station in Pune- However I have not received any legal notice by post - My question is , without going to the court can any action or warrant can be issued against me on grounds of complaint by the NBFC - In case it is , Can the police in Pune have authority to arrest me outside Maharashtra without sending a proper notice.They have texted my mother that they have sent a copy of the complaint to the commissioner office.Could you please advise
Yes, a warrant may be used against your name for non appearance in Court, but for appearance all the necessary details of the case is required.If they are saying that they have sent the summons to the commissioner office,then you must go and check there.
Thanks.
Thanks.
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Adv. Suvajit Ghosh Dastidar
Kolkata | 200+ Answers
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What happens if you miss a court hearing in India?
In criminal cases, if 24 summonses are not answered, the Court will issue an Non Bailable warrant against the person. This will be sent either to the Court Police station or the Jurisdictional Police station depending on how far the address of the accused is from the court.
What to do if complainant is not attending the hearings?
If the complainant is absent from the hearing, the court may issue a witness summons. The court can issue a bailable warrant first, and then a non-bailable one if he is persistently absent for no valid reason.
What happens if warrant is issued against you?
The police are required to arrest the person named in the non-bailable warrant after it is sent to them. The police must report to the magistrate if they are unable to arrest the person for untraceable reasons.
What happens if you get summoned to court and don t go in india?
The individual should not avoid appearing before the Court under any circumstances. The Court can issue a warrant for contempt if the person fails to appear after being summoned. 05-Dec-2022
Since the NBFC has filed a complaint against you before the concerned Police Station, so presumably a FIR has been registered against you under sections 406/420 of the Indian Penal Code, the Police usually sends a Notice under section 41A CrPC and thereafter on noncompliance of such notice by the accused(in this case it is you) the Police Authorities may proceed in accordance with law and subject to orders passed by the Competent Court may arrest you for the offences mentioned in such notice. My advise would be to consult with an advocate immediately and comply with such notice and thereafter obtain bail from the Learned Court, since medical ground is strong, you can proceed in this manner.
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Valid reasons for not attending court India
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Unless and until there is an F.I.R police can not issue a warrant against you or arrest you. If they sent a copy of the complaint to the commissioner most likely it will be treated as an F.I.R. if a warrant is issued against you the police can send the warrant to your local police station and you can be arrested but there must be a notice of court to your given address.
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Adv. Prithish Bandyopadhyay
Kolkata | 25+ Answers
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In the event that an accused in a criminal matter does not attend the court summoning him, there is only one way to force his attendance: issue a warrant of arrest without bail.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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