Dr. P. K. Pranav (Professor) 11 November 2024

Contempt petition against the superintendent of police

The Session Court issued a kurki warrant under Section 83 of the CrPC in June 2024. Despite the warrant, the police have not taken any action, and the person remains at home, creating a nuisance. Is there any way to file a contempt petition against the superintendent of police?

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7 Replies

T. Kalaiselvan, Advocate (Advocate) 11 November 2024

You can file a petition to instruct the concerned police to initiate proper execution of the warrant because contempt of proceedings I. Court case in this regard may not be maintainable

P. Venu (Advocate) 11 November 2024

What are the facts? What is the context?

The query is short of material facts.

Dr. J C Vashista (Advocate ) 11 November 2024

Collect evidence of his presence in the house when police is reluctant to obey the dictum of the court and move contempt of court.

Sankalp Tiwari 13 November 2024

Dear reader,

The non-action on the part of the police does cause great difficulty and irritation, especially when a court order is not executed. A kurki warrant issued under Section 83 of the CrPC is one of the examples. According to law, such warrants are to be executed soon by the police officers. Failure to do so may amount to dereliction of duty. You have the following options. The first is to file a contempt of court against the superintendent of police for willful disregard of the directive of the court. Under the Contempt of Courts Act, of 1971, such disobedience is incriminatory and may force the police to act. The issuing court may be approached by an application pointing out inaction on the part of the police and passing explicit directions to the police to execute the warrant without delay. The court may intervene to enforce compliance by your officers with its orders. All your contacts with the police, including any efforts you have made to get the warrant enforced, should be preserved and documented. Copies of your communications may prove useful in your contempt application or petition before the court. I hope this guidance will assist you in navigating the court processes effectively. Should you require additional advice, please do not hesitate to reach out.

Dr. P. K. Pranav (Professor) 13 November 2024

Thank you sir for your value inputs

P. Venu (Advocate) 14 November 2024

Section 83 provides as follows '

83. Attachment of property of person absconding.

(1)The Court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person :Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued, -

(a)is about to dispose of the whole or any part of his property, or

(b)is about to remove the whole or any part of his property from the local jurisdiction of the Court, it may order the attachment simultaneously with the issue of the proclamation.

(2)Such order shall authorise the attachment of any property belonging to such person within the district in which it is made; and it shall authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.

(3)If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made -

(a)by seizure; or

(b)by the appointment of a receiver; or -

(c)by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or

(d)by all or any two of such methods, as the Court thinks fit.

(4)If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the State Government, be made through the Collector of the district in which the land is situate, and in all other cases-

(a)by taking possession; or

(b)by the appointment of a receiver; or

(c)by an order in writing prohibiting the payment of rent on delivery of such property to the proclaimed person or to any one on his behalf; or

(d)by all or any two of such methods, as the Court thinks fit.

(5)If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court.

(6)The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908).

How come the Superintentdent of Police liable for action under Contempt of Courts Act? As I can understand there is no role at for the police in the steps as provided under Section 83.

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