Case Note & Summary
The High Court of Bombay addressed the issue of non-execution of Non-Bailable Warrants in pending Execution Applications, particularly those involving respondents located outside Maharashtra. The Court noted that numerous Execution Applications remain pending due to non-execution of warrants issued outside the state. In the specific case of Execution Application No. 853 of 2015, a Non-Bailable Warrant was issued against Respondent No. 2 who had shifted to Varanasi, Uttar Pradesh. Despite multiple reminders sent to the Senior Inspector of Police, Manduadih Police Station, Varanasi, no execution report was submitted. The Court referenced a Supreme Court directive requiring disposal of Execution Applications within six months and sought assistance from the Additional Solicitor General to ensure execution of the warrant against Respondent No. 2.
Headnote
The High Court of Judicature at Bombay -- The Court noted numerous Execution Applications remain pending as Bailable or Non-Bailable Warrants issued outside Maharashtra have not been executed for significant periods -- The Court requested Mr. Anil Singh, learned Additional Solicitor General to assist -- In this specific Execution Application pending since 2015, a Non-Bailable Warrant was issued against Respondent No. 2 who had shifted to Varanasi, Uttar Pradesh -- Despite multiple reminders sent to the Senior Inspector of Police, Manduadih Police Station, Varanasi, no execution report was submitted -- The Court referenced Supreme Court order in Periyammal (Dead Through LRs) & Ors. vs. V. Rajamani & Anr. directing disposal of Execution Applications within six months -- The Court directed the Additional Solicitor General to assist in ensuring execution of the Non-Bailable Warrant against Respondent No. 2
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Issue of Consideration: The Issue of non-execution of Non-Bailable Warrants issued against respondents located outside the State of Maharashtra in pending Execution Applications
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Final Decision
The Court noted the non-execution of Non-Bailable Warrants in pending Execution Applications and directed the Additional Solicitor General to assist in ensuring execution of the Non-Bailable Warrant against Respondent No. 2 -- The Court referenced Supreme Court directives on timely disposal of execution matters
