(1)When a process-server or other officer in execution or service of any process entrusted to him is resisted or obstructed, or when property duly attached is illegally taken from his possession, or when a person duly arrested escapes from his custody, he shall immediately return to headquarters and make a report of the occurrence. If he is at such a distance from headquarters that return will involve considerable time he should also immediately send a written report from the place of occurrence to the Court.(2)The Court shall on his arrival examine him on oath and may also examine on oath any person alleged to have been present at the occurrence and shall then decide whether a criminal complaint is necessary in the interest of justice but may, if it thinks fit, first refer the case to the police for enquiry. When filing a complaint the provisions of Section 195 (1)(a) and Section 476. [Criminal Procedure Code] [See now Code of Criminal Procedure, 1973 (2 of 1974).], should be carefully observed.Note. - It is essential that there should be no delay in dealing with these matters. Where prosecution is called for, prosecution delayed is often prosecution wasted. On the other hand, great care should be taken in deciding on prosecution as unsuccessful precautions are most undesirable.(3)If the case is of sufficient importance and the Court is of opinion that a competent lawyer should be engaged for the prosecution for the ends of justice and for the better conduct of the case, it should move the District Judge who will then, if necessary, move the proper authority for the purpose.(4)The Court should after the termination of the Criminal case (if any), make a request to the Criminal Court to forward a copy of the judgement with a view to see whether there has been any adverse finding or comment against the conduct of the process-server concerned, necessitating the taking of disciplinary action.
