Warrant issued
Querist :
Anonymous
(Querist) 13 January 2012
This query is : Resolved
I have filed NI138 case against Bhubanesahwar dealer, I have sent the Warrant, to respective police station, they have rejected on grounds that warrant issued to Comm of police while they have Deupty Comm of police so changed to Deputy comm of police,
can this be done by police... suggest
i have again went to the court and changed to Deputy comm of police they again rejected it now they say they will accept directy from Court only.
I want to know what actual process is as now a day we rec the warrant directy from court.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 January 2012
Now there are further changes in the procedure as per SC directives for issue of NBW.Defense has many routes open to escape .
Shonee Kapoor
(Expert) 13 January 2012
Please ask the court to issue Warrants directly.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 13 January 2012
Mr.Kapoor has rightly guided you. You can mention the ground of rejection stated by the police to the court and request to issue the warrant direactly.
Advocate. Arunagiri
(Expert) 13 January 2012
You are acting as a post man, in delivering the warrant from the court to the police station.
There is no illegality. Immediately report to the court, the court will summon the police officer and will issue directions along with warnings.
Rajeev Kumar
(Expert) 13 January 2012
Yes our ld.experts have rightly advised you
Raj Kumar Makkad
(Expert) 13 January 2012
Court have to issue summons directly whereas you are liable to handover filled copies of summons before the concerned staff of court complete in all respect like proper address.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 January 2012
Pl report back if court calls the police person ., the matter has to go through proper channel.
Querist :
Anonymous
(Querist) 13 January 2012
yes it is out of station matter ...does it matter if warrant mark to comm of police so other rank personal will not accept it.
how to find who is the head of police of each city of India
Advocate. Arunagiri
(Expert) 13 January 2012
If you have the warrant addressed to the commissioner of police, you have to deliver it to that office only. The COP will in turn forward the warrant to the respective police station.
M/s. Y-not legal services
(Expert) 14 January 2012
court know that warrant should be whom address., that officer have to execute that without arising any questions.,
and their denial is correct one., court shoud be sent it directly., rather than hand over to your hand..
-tom-
V R SHROFF
(Expert) 14 January 2012
Arun and Tom suggested Rightly.
Warrant/ Summmon should claerly specify Person's Name, and Address.
It should only Mention:
CONCERNED POLICE STATION.
The Concerned PS , of that Address having Jurisdiction, have to act upon, even if Hand Delivered.
Warrant Order by Court, so it s the Court that Direct it. , and Hand Delivery is allowed.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 January 2012
The current directions by the SC for issue of warrants in cr cases.-
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;
1
(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
1
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
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 January 2012
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;
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 January 2012
(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;
venkatesh Rao
(Expert) 14 January 2012
Since issuance of NBW has got direct impact over the personal liberty of an individual, the high courts and supreme court have always been cautioning the subordinate courts in the matter of issuance. It is the duty court to secure the presence of accused by such means only through the police agency and should never hand over to any person muchless the complainant.
Devajyoti Barman
(Expert) 14 January 2012
yes all have rightly advised. Follow hat what you have been advised.
