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SHILPI GHOSHAL (LLB)     19 February 2014

Legal quaries

Respected Sir/Mam,

                               I  would like to know if Judicial Magistrate of District Court issues an order of warrant against an accused to the police,but the police does not  execute it or acts negligently then how the victim can bring it to the court notice or what step he should take? or the Judicial Magistrate has the enough power to question the police authority why the order of warrant has not been executed ?


Shilpi Ghoshal

 2 Replies

adv.raghavan (Advocate,9444674980)     20 February 2014

 The court must ensure that warrant is directed to a particular police officer, it must be returnable whether executed or non-executed on or before the date specified there in. Every court must maintain a register in which warrant of arrest issued must be entered and chronological serial number of such entry reflected on the top right hand of the process.The courts should not give a long time for return of execution of warrants. On the date fixed for return of warrant, the court must insist upon for compliance of report on the action taken by thereon by the Station House Officer of concerned Police station. The report of such warrant must be cogent and legible duly forwarded by a superior police officer, so as to facilitate fixing of responsibility in case of misuse. In the event of warrant for execution beyond satisfaction court issuing it procedure laid down under section 78 and 79 Cr.P.C. a court must be strictly and scrupulously followed. 

T. Kalaiselvan, Advocate (Advocate)     20 February 2014

The procedure for executing the warrant by the court through police has been thoroughly explained by learned Advocate Mr. Raghavan, I endorse his views.

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