N. i. act
santosh
(Querist) 22 May 2012
This query is : Resolved
Thrice summons was issued against the accused, through a concern police station under section 138 of N. I.Act, N Court has issued notice twice for not submitting the report in respect of service of summons.
Whether warrant can be issued against concern senior Inspector of Police for not submiting the report, or if not what step can complainant shall take
M.Sheik Mohammed Ali
(Expert) 22 May 2012
you can file petition for get arrest warrant, Cr.P.C. act provide section in the act.
Adv Archana Deshmukh
(Expert) 22 May 2012
Court can issue show cause notice to the police for not submitting the report.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 May 2012
Now read the current guidelines issued by SC and any party getting NBW against these guidelines is also liable for counter action., for having obtained the NBW by misguiding the court against accused.
23.However, before parting with the judgment, we feel that in order to prevent such a paradoxical situation, we are faced with in the instant case, and to check or obviate the possibility of misuse of an arrest warrant, in addition to the statutory and constitutional Requirements to which reference has been made above, 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;
(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 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.
.……………………………………
(D.K. JAIN, J.)
.…………………………………….
(H.L. DATTU, J.)
NEW DELHI;
SEPTEMBER 9, 2011
I am repeating AGAIN the most important direction by SC for issue of NBW.
(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;
Shonee Kapoor
(Expert) 02 June 2012
The court can issue NBW after following due process.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
