Section ni 138 - warrant
Querist :
Anonymous
(Querist) 27 January 2012
This query is : Resolved
I have filed legal case of customer now i have got the warrant same was given to X city police
We have submitted the warrant at CP’s office
X city police has informed us that they have no force to send to Mumbai along with the accused. There are asking us to arrange Mumbai police force,
so that can handover the accused to them and do the needful
As per the warrant the accused has to be produced Metropolitan Magistrate Court, Mumbai.
pl suggest how to go further...
adv. rajeev ( rajoo )
(Expert) 27 January 2012
It is the duty of the police to produce the accused before the court.
Advocate. Arunagiri
(Expert) 27 January 2012
Only the X city police has to arrange for the force to execute the warrant. They can take the help of the local police also.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 January 2012
Giving warrant to party is illegal now on face of it.
As per current guidelines of SC the procedure of section 79,80,81 has to be followed since it is bailable offense the accused have to be produced before local court.
Now on wards all NBW has be on pre printed machine numbered forms to protect its misuse.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 January 2012
Giving warrant to party is illegal now on face of it.
As per current guidelines of SC the procedure of section 79,80,81 has to be followed since it is bailable offense the accused have to be produced before local court.
Now onwards all NBW has be on preprinted machine numbered forms to protect its misuse.
Querist :
Anonymous
(Querist) 27 January 2012
Dear Mr.Arungiri, now what i say to the court as the next date is on 30/1/2012
Dear Mr.JSDN, till as on date all warrants are issued manulally and our courts gives us hand delivery of warrants.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 January 2012
SC has given six months time from september till than you can continue and if accused is listening he can initiate counter action for cancellation.
V R SHROFF
(Expert) 27 January 2012
IT SEEMS IT MAY NOT BE POSSIBLE TO SERVE warrant by 30/1/12.
So On 3-1-12, you return to court with prayer to extend till next date, and take a reasonable date say 20-30 days so that yu an manage to serve warrant upon accused.
Advocate. Arunagiri
(Expert) 27 January 2012
Mr.Shroff,
is it necessary to get the extension of warrant?
Advocate. Arunagiri
(Expert) 27 January 2012
Mr.Shroff,
is it necessary to get the extension of warrant?
Sudhir Kumar, Advocate
(Expert) 27 January 2012
Please tell whether warant is addressed to you or to police? Who is accouontable to Court you or police?
V R SHROFF
(Expert) 28 January 2012
Mr.Shroff,
is it necessary to get the extension of warrant?
Mr. Giri, By Extension, i mean, the court will mention NEXT DATE ON WARRANT on which the accused to be produced before the Court on extended next date. Warrant will remain the same, only future date had to be changed, and in layman's wording, it is extension.
Mr. Giri, Otherwise how Police will know, on which date they have to produce the accused before the Hon'ble Court??
That is the reason,I mentioned it .
It is necessary.
Advocate. Arunagiri
(Expert) 28 January 2012
In my experience, the warrant, does not need extension. the police, can execute the warrant, even after the hearing date mentioned in the warrant.
The day when the accused is produced before the MM will be treated as advance hearing.
Shonee Kapoor
(Expert) 29 January 2012
I agree that only Police can execute the warrant and only X place police can execute the warrants.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 29 January 2012
I GO WITH JSDN.VERY STRANGE PROCEDURE ADOPTED I NEVER HEARD OF IT TO GO SUCH A WAY.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 29 January 2012
it would be appropriate to issue
the following guidelines to be adopted in all cases where non-bailable
warrants are issued by the Courts:-
(a) All the High Court shall ensure that the Subordinate
Courts use printed and machine numbered Form No.2
for issuing warrant of arrest and each such form is duly
accounted for;
(b) Before authenticating, the court must ensure that
complete particulars of the case are mentioned on the
warrant;
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(c) The presiding Judge of the court (or responsible officer
specially authorized for the purpose in case of High
Courts) issuing the warrant should put his full and
legible signatures on the process, also ensuring that
Court seal bearing complete particulars of the Court is
prominently endorsed thereon;
(d) The Court must ensure that warrant is directed to a
particular police officer (or authority) and, unless
intended to be open-ended, it must be returnable
whether executed or unexecuted, on or before the date
specified therein;
(e) Every Court must maintain a register (in the format
given below), in which each warrant of arrest issued
must be entered chronologically and the serial number
of such entry reflected on the top right hand of the
process;
(f) No warrant of arrest shall be issued without being
entered in the register mentioned above and the
concerned court shall periodically check/monitor the
same to confirm that every such process is always
returned to the court with due report and placed on the
record of the concerned case;
(g) A register similar to the one in clause (e) supra shall be
maintained at the concerned police station. The Station
House Officer of the concerned Police Station shall
ensure that each warrant of arrest issued by the Court,
when received is duly entered in the said register and is
formally entrusted to a responsible officer for
execution;
(h) Ordinarily, the Courts should not give a long time for
return or execution of warrants, as experience has
shown that warrants are prone to misuse if they remain
in control of executing agencies for long;
(i) On the date fixed for the return of the warrant, the
Court must insist upon a compliance report on the
action taken thereon by the Station House Officer of the
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concerned Police Station or the Officer In-charge of the
concerned agency;
(j) The report on such warrants must be clear, cogent and
legible and duly forwarded by a superior police officer,
so as to facilitate fixing of responsibility in case of
misuse;
(k) In the event of warrant for execution beyond
jurisdiction of the Court issuing it, procedure laid down
in Sections 78 and 79 of the Code must be strictly and
scrupulously followed; and
(l) In the event of cancellation of the arrest warrant by the
Court, the order cancelling warrant shall be recorded in
the case file and the register maintained. A copy
thereof shall be sent to the concerned authority,
requiring the process to be returned unexecuted
forthwith. The date of receipt of the unexecuted warrant
will be entered in the aforesaid registers. A copy of
such order shall also be supplied to the accused.
Format of the Register
S.
No.
The
number
printed on
the form
used
Case title and
particulars
Name &
particulars of
the person
against whom
warrant of
arrest is
issued
(accused/
witness)
The officer/
person to
whom
directed
Date of
judicial
order
directing
Arrest
Warrant to
be issued
Date
of
issue
Date of
cancellat
ion, if
any
Due
date of
return
Report
returned
on
The action
taken as
reported
Remarks
24.We expect and hope that all the High Courts will issue appropriate
directions in this behalf to the Subordinate Courts, which shall
endeavour to put into practice the aforesaid directions at the earliest,
preferably within six months from today.
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.……………………………………
(D.K. JAIN, J.)
.…………………………………….
(H.L. DATTU, J.)
NEW DELHI;
SEPTEMBER 9, 2011.
RS
2
Querist :
Anonymous
(Querist) 30 January 2012
Thanks to all,
Today i got extension date of the warrant.
warrant is same.
thanx to all
