Court Takes Exception to Failure to Execute Bailable Warrant, Directs SHO Nowabad to Seek Explanations; Fresh Warrant of ₹10,000 Issued
JAMMU, October 21 :
The Fast Track Court, Jammu, has sought explanations from two police officials over the failure to execute a bailable warrant against a prosecutrix, observing that merely informing a person about a court-issued warrant through WhatsApp messages or telephone calls cannot substitute for its legally prescribed execution.
Presiding Officer Amarjeet Singh Langeh took serious note of the report submitted by the executing police official, which stated that the prosecutrix had been informed telephonically and through WhatsApp about the requirement to appear before the court.
Describing the report as “amazingly surprising,” the court observed that communicating information about a bailable warrant to the concerned person, instead of executing it in accordance with the law, was impermissible and reflected a casual approach towards the prescribed legal procedure.
“Information through informal electronic transmissions via WhatsApp is not substitute for legally mandated mode of execution of warrant of arrest,” the court observed.
The matter pertains to a criminal case arising out of FIR No. 134/2019 registered at Police Station Nowabad, Jammu, involving alleged offences under Sections 376 and 420 of the Ranbir Penal Code (RPC).
According to the proceedings, the prosecutrix had failed to appear before the court despite service, following which a bailable warrant of ₹10,000 was issued on July 8, 2026. As the warrant remained unreturned, fresh warrants were ordered on subsequent dates, including September 11, 2026.
On October 21, the prosecution produced the unexecuted warrant before the court. The accompanying report stated that the executing official had contacted the prosecutrix through WhatsApp and telephone calls. The report was also endorsed by the Incharge of Police Post Canal Road, Jammu.
Taking note of the circumstances, the court directed the SHO, Police Station Nowabad, Jammu, to call for explanations from executing official SGCT Shiv Kumar and the Incharge of Police Post Canal Road, Jammu, as to why disciplinary proceedings should not be recommended against them for their prima facie approach, which the court found contrary to the law governing the execution of warrants.
The court also directed the issuance of a fresh bailable warrant of ₹10,000 against the prosecutrix, to be executed by the SHO, Police Station Nowabad, Jammu, and transmitted through the prosecution.
The matter has been listed for prosecution evidence on November 27, 2026.
The court’s observations underscore the requirement for police officials to follow the legally prescribed procedure while executing judicial warrants, rather than treating informal communication as a substitute for compliance with court directions.(KNC)