Executing agency must make sincere effort to execute general warrant of arrest: CJM
11/09/2022
Jammu, Sep 10: Taking serious note of non-execution of general warrant of arrest issued in a more than five years old theft case against one of the accused in case titled "State Vs. Karan Kumar & Ors.”, the court of Chief Judicial Magistrate, Jammu Amarjeet Singh Langeh directed SHO Police Station Peer Mitha, Jammu to remain present in the court on next date of hearing to explain as to why he did not comply the order which required him to furnish latest status report with regard to general warrant of arrest issued against the accused concerned. Emphasising that the executing agency shall make serious effort to execute general warrant of arrest, the court noted, "Executing Agency is required to note that every sincere effort ought to be made to execute a general warrant of arrest. If right spirited effort is aimed at this aspect, only then an offender can be put to trial.”
Court also sent to judicial custody two co-accused in the case who remained absent for the last fourteen dates of hearings. Under-scoring the need of presence of accused during trial in a criminal case, court observed, “if accused choose to remain absent continuously for fourteen dates of hearings and take judicial proceedings for granted, then to countenance early conclusion of a criminal trial would always remain in realm of illusion" adding, obviously, because of this conduct of accused, trial of the case has adversely been impacted, court observed further and post the matter for next date.JNF
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