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avishik goenka (secretary)     04 January 2017

Warrants execution.

01]] If accused is not available, at the place specified in the Warrant - how is the concerned police authority supposed to act ?? (I enquired with some Police Officers - they said - it all depends on, will of the officer ...
He can definitely hunt the accused down). However - as a practice, they are bribed & send a report to the court, that accused is not available at the address, mentioned in the warrant. 

02]] That Magistrate Court in West Bengal, has called for the, Police Officer at Maharastra through - Commissioner of Police, but neither any report has been sent, nor the Police Officer has presented himself.
(Understandably any Magistrate Court, can summon any person, connected to a case & residing at any place of the country, so why not - Police Officer). Now what can the Court do ?? 

If we do not have answers to above - it implies - that the courts in - STATE A, do not have any control over warrants issued (*****or even Proclamation or any other input involving the court & police), on accused residing in - STATE B. Rather why - Inter State ... Then even Intra State is a problem ... A magistrate court would not have any control over warrants issued on accused, residing outside it's jurisdiction - other than to issue warrants .... 

The only, but a **major visible difference - between - INTER & INTRA - STATE - scenario being - that - INTER STATE - HIGH COURTS ARE DIFFERENT & INTRA STATE - HIGH COURT IS SAME. 

Undermentioned Query - is addressed through - Ramesh Chandra Gupta vs State of MP.@ 24/9/99.
2000 (1) MPHT 376. - which has directed the - Police Officer to be called for, if Summons were non executed. 

(QUERY) -
That - The court had directed the police authorities outside it's jurisdiction, to execute the warrant, as because the accused resides outside the jurisdiction of the court. The police authority is not acting responsibly & not executing the summons. 
We in matters in which, police within jurisdiction of the court is involved, pull up the cops, through judgements of Supreme Court. However when cops are not only outside jurisdiction of Magistrate Court but also High Court - How can they be held accountable ??


Learning

 1 Replies

P. Venu (Advocate)     05 January 2017

What is the opinion of your advocate?


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