Observing that a reasonable opportunity should be given to the Police Officer to explain his position in cases involving failure to execute non-bailable warrant or summons, the Madras High Court quashed proceedings initiated by Judicial Magistrate Court of Cheyyar against Superintendent of Police of Tiruvannamalai district.
A Cheyyar court had pulled up the officer for not implementing a non-bailable warrant issued against an accused for over 20 years despite repeated reminders.
Allowing a criminal original petition filed by Tiruvannamalai SP, Justice P.N. Prakash went into the avenues that were open to a Magistrate to lawfully rein in a “recalcitrant and reticent” police, also made observations on when proceedings can be initiated against an officer for non implementing a non-bailable warrant.
After giving a reasonable opportunity to the police officer and if there was a prima facie case to show that there has been violation of duty, the Presiding Officer of the Court shall prepare a complaint within three months, and send it to the Chief Judicial Magistrate or Chief Metropolitan Magistrate for taking cognizance of the offence under Tamil Nadu District Police Act, Justice Prakash said.
Tiruvannamalai SP had appeared before the court in Cheyyar in connection with the case. M) DSJ
A Cheyyar court had pulled him up for not implementing a
non-bailable warrant issued against an accused for over 20 years
