Warrant on witness
Querist :
Anonymous
(Querist) 15 October 2011
This query is : Resolved
Private complaint. Witnesses summons served. Witness not appeared. Warrant ordered to appear on 1.10.2011. Police received the warrant on 25.09.2011, but not executed it. The case is adjourned to 25.10.2011.
Is it necessary to get a fresh warrant or the old warrant is sufficient?
kuldeep kumar
(Expert) 15 October 2011
warrants once issued is either to be executed or cancelled by court.i dont think whether fresh one will be needed.
Shonee Kapoor
(Expert) 15 October 2011
Fresh warrants are not necessary.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 15 October 2011
Fresh warrants are necessary to be issued as old warrants were valid/reurnable only upto 01.10.2011.
Arun Kumar Bhagat
(Expert) 16 October 2011
Execution date may be extended but warrant shall remain in force.
Advocate Bhartesh goyal
(Expert) 16 October 2011
Yes fresh warrant is to be issued as validity of old warrant has expired.
Querist :
Anonymous
(Querist) 16 October 2011
The magistrate is not issuing any fresh warrant and says the warrant can be executed even if it is time barred.
The police says the warrant is expired and needs a fresh warrant.
Is there any case law to convince the court or police.
prabhakar singh
(Expert) 16 October 2011
So the matter in dispute is between cops and magistrate this is why learned brothers practicing criminal law are indecisive
which side to go.
kuldeep kumar
(Expert) 16 October 2011
Fresh warrants against threein Samjhauta-
Fresh non-bailable warrants were issued against Sandeep Dange, Ramchandra Kalsangra and Ashwini Chauhan in the Samjhauta blasts case by a Panchkula district court today.
National Investigation Agency (NIA), which is pursuing the case, submitted before the court that they were not able to find the three accused so far. It also said that they were searching for them and asked for issuing fresh non-bailable warrants. Allowing their plea, Additional District and Sessions Judge Ritu Garg issued fresh non-bailable warrants till March 12.
The blast took place on board Samjhauta Express in 2007, near Panipat, killing 68.
The National Investigation Agency had announced an award of Rs 10 lakh each for information leading to arrest of Dange and Kalsangra, who hails from Indore (Madhya Pradesh), and Rs 2 lakh for Chauhan.
Rajasthan Anti-Terrorism Squad (ATS), which was to produce Aseemanand, one of the accused in the blasts, today could not do so as Aseemanand’s police custody in Rajasthan was extended till February 11. “Rajasthan police also got the production warrant reissued till February 21. So, his judicial custody has been extended till February 21 here by the Panchkula court. He will be presented before the court through video conferencing now,” said Manvir Singh Rathi, counsel for Aseemanand.
kuldeep kumar
(Expert) 16 October 2011
Staleness of Warrants
Law enforcement officials must also execute the warrant properly. Among other requirements, proper execution demands that police not wait too long between the issue date of the warrant and the date of the search or seizure. If they wait too long, the warrant becomes "stale." As a general rule of thumb, courts find warrants fresh for only ten days after issuance, unless the police can show a good reason for the delay.
Fresh vs. Stale
A fresh warrant, if valid and properly executed, typically allows authorities to use any evidence seized as a result of the search or seizure in court. But if the warrant was stale, most courts will exclude arrests or evidence seized via use of the warrant.
Arun Kumar Bhagat
(Expert) 16 October 2011
A warrant shall be in force till it is recalled. What has been referred here as Expiry date is reporting date for execution of warrant. I stick to my opinion.
Raj Kumar Makkad
(Expert) 16 October 2011
Re-validation of date of execution doesn't mean that warrant has been withdrawn but why police should execute an expired dated warrant especially when police reported to the magistrate on last date of hearing that due to short period, such warrant cannot be executed. This is the duty of trial magistrate to re-issue fresh warrant to be executed on or before date mentioned therein. I firmly stand on my advice.
Querist :
Anonymous
(Querist) 16 October 2011
Expert Mr.Arun and Expert Mr.Makkad are having contradictory views.
With due respects to both the experts, Is there any ruling of the SC for the similar situation.
Devajyoti Barman
(Expert) 20 October 2011
Yes thew warrant until and unless is executed or recalled by the issuing court, it remain alive and no further warrant can be issued .
In your case you need to petition the court for necessary direction upon the police to execute the warrant. The court may even call the Police In charge in court asking for explanation for not executing the warrant.
Mr Bhagat is perfectly right in his opinion.
