Warrant of Arrest is issued but police is not executing the same.

Sultan Salauddin Khan (Querist) 06 March 2009 This query is : Resolved
If a warrant of arrest has been issued by Judicial Magistrate in a case against the accused person but concerned police officer is not executing the said WA. What step should be taken by the JM

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AEJAZ AHMED (Expert) 06 March 2009
DEAR SALAUDIN,
What do you mean by ' Officer not executing '

(a) is he Intentionally not execting
(b) or Accused Absconded

If the reason is (b), then:

First Step:
Reminder to the concerned Station House officer for execution of Warrant of Arrest

Second Step:
Proclamation U/S. 82 of Cr.P.C.

82. Proclamation for person absconding.

(1) If Any court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such court may publish a written proclamation requiring him to appear at a specific place and at a specified time not less than thirty days from the date of publishing such proclamation.

(2) The proclamation shall be published as follows-

(i)

(a) It shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;

(b) It shall be affixed to some conspicuous part of the house or home-stead in which such person ordinarily resides or to some conspicuous place of such town or village;

(c) A copy thereof shall be affixed to some conspicuous part of the Court house,

(ii) The court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.

(3) A statement in writing by the court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in Clause (i) of sub-section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.

If reason is (a) then file a 'Memo' by mentiong all about accused whther he is staying at locality or absconded, before the concerned Magistrate, then he will appropriately order.