Respected Sir/Madam, I am from Hyderabad (Telangana State) and I have filed a case under 138D NI Act on a person resides in Goa. Court has issued NBW and the accused is refusing to appear in front of court. The Hon'ble judge appointed an Advocate Commissioner and when we went to arrest the Accused he is not co-operating and hiding in the house and his wife locked the door and informed that he is not in house. The local Police seems not aware and saying that we can't do anything. Please let me know the powers of Advocate Commissioner as the Judge is saying that he is more powerful than a Police Commissioner and he has all the powers to enter house forcerfully before 6pm at any day and arrest the Accused. Please let me know the powers of Advocate Commissioner and any type of complications arise if the Accused is arrested forcefully. The accused is Senior Citizen and saying that he is suffering from BP and Diabeties.
Is Advocate Commissioner empowered to arrest the accused and what type of procedure has to be followed after arrest (if done).
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1. Advocate commissioner can arrest the person and he can seek help of a local police in assisting him to nab this man.
2. Rather ask the court to direct local SP/Commissioner to arrest this man and if the police officials does not arrest this person then file writ petition agaisnt police inaction.
Hi
The advocate commissioner who appointed under sec.72 of Cr.pc can arrest the accused with the help of the police.
If the police is not co-operating the same has to be reported to the court and return the warrant sighting the inability to arrest the accused .
The best is now issue warrant through the commissioner of police and seek the report.
The advocate commissioner has the powers but how can he physically use it without the help of the local police.
So it is better to get a fresh direction from the court
Please let me know the powers of Advocate Commissioner and any type of complications arise if the Accused is arrested forcefully. The accused is Senior Citizen and saying that he is suffering from BP and Diabeties.
The advocate commissioner would have been instructed the mode of operation in such events.
What you say is unheard of and until the advocate commissioner is specifically instructed about this, he cannot execute any such order and also he cannot arrest the accused, he can bring the police to get them arrested.
The arrant issue to the advocate commissioner would contain the instructions, which may be perused for further details.
Is Advocate Commissioner empowered to arrest the accused and what type of procedure has to be followed after arrest (if done).
If the advocate commissioner has been empowered with such powers, then it may be properly endorsed in the warrant issued to him for the purpose. Then also the advocate commissioner may have to take the help of local police to get the accused arrested by issuing a memo to the police based on the court order/instruction for accomplishing this task.
Respected Debajothi Berman sir, My question is as per the advise given by the concerned Judge Advocate Commissioner is empowered to enter into house before 6pm at any day and arrest the Accused. Only in muslim families where some restrictions are there to enter into house as this particular communities woman are following Burkha process, other than this community the Adv. Comm. can enter into the house with the help of Lady constable and arrest the Accused forcefully. No specific search warrant is required. Is it true? And if the accused is arrested and as per his complaint on health ground if any complicancy arises what are the respinsibillities of the Adv. Comm. I am very specific as the Accused is playing with the Health card.
If the arrest of the accused is executed by the advocate commissioner as per the court order and instructions in his possession with the help of local police, then when the accused adopts the health game play, the advocate commissioner can get him admitted to the local government hospital for treatment and further course of action as per advise of the medical attendant.
Yes, no specific arrest warrant is required of the order of the Magistrate empowers the Commissioner to bring this man.
No,he has no liability. He though can refer him to a doctor if situation aggravates.
1) you should produce copy of the order passed by the magistrate before the local police
2) advocate commissioner can enter the house and arrest the accused with police assiatnce
3) inform the court if police refuse to cooperate
Section 72 of the Criminal Procedure Code
Warrants to whom directed
A warrant of arrest shall ordinarily be directed to one or more police officers; but the Court issuing such a warrant may, if its immediate execution is necessary and no police officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same.
When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more of them.
2) under section 72 cr pc court can appoint advocate commissioner to execute warrant of arrest of the accused
advocate commissioner can get accused admitted in hospital if there are any health complications that arise on arrest of the accused