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Nisha Sen
in Criminal Law
Asked May 20, 2017

Mahila Thana power to issue warrant

  • 3 Answers
  • 1270 Views

Can mahila thana issue warrant against in-laws who are staying in delhi

Answers 3

Hi,

Kindly find the answer to the second query :-

 

"Mahila thana" has the same power as the normal thana. Therefore, the warrant cannot be issued against inlaws who are staying in Delhi. As power to issue warrant is exclusively with court only which is given under Section 70 of Criminal Procedure Code, 1973 as which says that Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court.

 

Regards,

Jayant Garg

Agree Comment 0 Agrees over 3 years ago

Hi,

In this case it would be advisable to file a criminal case against the police officer by filing the FIR under section 154 of the Criminal procedure code, 1973 by mentioning the section 336 and 337 of IPC which says act endangering life or personal safety of others and Causing hurt by act endangering life or personal safety of others are the offenses respectively for which one can be made liable. Now the police officer is a public servant, as it can be made liable under Section 197 of the Criminal procedure code which says that public servant can be convicted or Prosecution of Judges and public servants.

 

Regards,

Jayant Garg

Agree Comment 0 Agrees over 3 years ago

Hi,

 

"Mahila thana" has the same power as the normal thana. Therefore, the warrant cannot be issued against inlaws who are staying in Delhi. As power to issue warrant is exclusively with court only which is given under Section 70 of Criminal Procedure Code, 1973 as which says that Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court.

 

Regards,

 

Jayant Garg

Agree Comment 0 Agrees over 3 years ago

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