I would like to address the core issue how to execute out station warrnt, Other observations are comman in legal system, which needs to be rectified. You did not specify whether it is outstation warrant, if it is so, it has some legal procedures, endorsed by crpc, you have to follow that.
If the arrest warrant is to be executed in some other State/District, then
the Court issuing it can adopt either of the following two methods :
I. The court can direct the warrant to a police officer in its jurisdiction.
The police officer then take it to a Executive Magistrate or SHO of the
police station of the area where the warrant is to be executed. The said
Magistrate/SHO then endorse his name on the warrant. Such endorsement
authorizes the officer (to whom the warrant is directed) to execute the
same. The local police is under a duty to assist him in executing the warrant,
if so required by him.
In extreme situation, if there is a reasonable belief that taking endorsement may
delay the matter which delay may prevent the execution of the warrant, the
police officer may execute the same without such endorsement.(section79)
OR
II. The court may forward the warrant alongwith FIR and other documents,
by post or otherwise, to any Executive Magistrate (EM) or District
Superintendent of Police (DSP) or the Commissioner of Police (CP) of the
area where the warrant is to be executed. The said authority is then bound
to endorse his name on the warrant. If practicable, the said authority causes
the warrant to be executed through his officers. (section 78)
If the court which issued the warrant is more than 30 km away from the
place of arrest or is farther than the EM or DSP or CP of the area in which
the person is arrested, then the arrested person should be produced before
such EM or DSP or CP.
However, if there is an endorsement on the warrant under Section 71, then
there is no need to produce him before them. He can be released on bail
after taking bond and surety from him and asking him to appear before the
issuing court on the date and time mentioned in the warrant. (section 80)
If it appears to the EM or DSP or CP that the arrested person is the same
person whose arrest is ordered by the court issuing the warrant, then he
shall issue transit warrant to take the accused to the concerned court issued warrant.
