What is the Max time after which a Magistrate can issue warrant in complaint case?

Also tell what is the max number of times summons can b issued? Thnx

NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE MOBILE.09325226691, 09271971251 e.mail.adv.nbsawant@yahoo.co.in e.mail.nandkumarbs@sify.com REGARDING THE WARRANT KINDLY NOTE THAT 1.WHEN THE SUMMONS ISSUED IS RETURNED DULY SERVED ON ACCUSED AND STILL ACCUSED REMAINS ABSENT , THEN COURT ISSUES WARRANT AND DIRECT THE POLICE TO ARREST THE ACCUSED AND PRODUCE BEFORE THE COURT ON NEXT DATE OF HEARING.WARRANT IS ISSUED IF APPLIED BY THE COMPLAINENT /ADVOCATE OF THE COMPLAINENT AND POLICE IS ORDERED TO ARREST THE ACCUSED AND PRODUCE BEFORE THE COURT. 2.KINDLY NOTE THAT COURT CONCERNED DECIDES AND ALLOWS APPLICATION FOR WARRANT AS PER THE STAGE OF THE CASE.THERE IS NO MINIMUM OR MAXIMUM LIMIT FOR THE SAME. 3 KINDLY REFER C.R.P.C. FOR PROCEDURE TO COMPEL THE ATTENDENCE OF ACCUSED AND ISSUE OF WARRANTS FOR YOUR ALL OTHER DOUBTS. WITH BEST REGARDS TO YOU AND YOUR FAMILY AND FRIENDS THANKING YOU YOURS SINCERELY NANDKUMAR B. SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

Thnak u sir! But there is a instance in which summon has been issued 1 yr back.But the Magistrate is not issueing warrant.Section 204 doesnt speaks of any time limit.Is there any case law in this regard.

NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691,09271971251

e.mail.adv.nbsawant@yahoo.com

e.mail.nandkumarbs@sify.com

REGARDING THE WARRANT KINDLY NOTE THAT.

1.ANY COMPLAINT CASE UNLESS APPLICATION FOR WARRANT IS SUBMITED TO THE COURT, COURT WILL NOT PASS ANY ORDER.

2.EITHER THE COMPLAINENT OR THE ADVOCATE FOR THE COMPLAINENT HAS TO SUBMIT AN APPLICATION FOR WARRANT .THEN UP ON HEARING THE COMPLAINENT / ADVOCATE FOR COMPLAINENT  , THE HONOURABLE COURT CONSIDERS IT NESSARY TO ISSUE WARRANT THEN THE WARRANT WILL BE ISSUED.

3.KINDLY NOTE THAT IN CASE AN EXEMPTION APPLICATION WITH SUPPORTING SICK CERTIFICATE OR ANY PROPER DOCUMENT GIVING REASONS FOR GRANTING EXEMPTION TO THE ACCUSED ON ANY PARTICULAR DATE IS SUBMITED TO THE COURT BY THE ADVOCATE OF ACCUSED, THEN CONSIDERING THE APPLICATION FOR EXEMPTION AND REASONS MENTIONED IN THE APPLICATION ,COURT CONSIDERS IT TO ALLOW EXEMPTION TO ACCUSED THEN COURT MAY ALLOW EXEMPTION APPLICATION OF ACCUSED AND REJECT THE APPLICATION FOR WARRANT SUBMITED BY COMPLAINENT / ADVOCATE FOR COMPLAINENT. HENCE WARRANT WILL NOT BE ISSUED IN SUCH CASE.PLEASE NOTE.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS. WISH YOU GOOD LUCK.

YOURS SINCERELY

NANDKUMAR B. SAWANT.,.M.COM.LL.B.(MUMBAI),ADVOCATE

87. Issue of warrant in lieu of, or in addition to, summons.

A court may, in any case in which it is empowered by this Code to issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his arrest-

(a) If either before the issue of summons, or after the issue of the same but before time fixed for his appearance, the court sees reason to believe that he has absconded or will not obey the summons; or

(b) If, at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.

 

When magistrate issues summons  to accused the reurnable date is mentioned on the summons i.e. date of appearence before court. If the summons is not served due to some  reasons on the date magistrate issues fresh with returnable date on which accused is supposed to be present. Magistrate issue warrant when summons are served upon and the report of the same is submitted to Magistrate and complainant further press for warrant 

Chandrakant S.Sao

Advocate High Court Mumbai