Warrant Order MHC
Warrant Order MHC
Delivered on 01 / 08 / 2025
CORAM
Crl.O.P.No.16882 of 2025
Vs.
State by,
The Inspector of Police,
K-4, Anna Nagar Police Station,
Chennai District. ... Respondent
(Crime No.359 of 2022)
Prayer: Criminal Original Petition is filed under Section 528 of the BNSS, to
direct the learned V Metropolitan Magistrate, Egmore to take on the file the
charge sheet filed by the respondent Police on 10.02.2024 in E-filing
No.C202400037 within a time frame manner.
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Crl.O.P.No.21404 of 2025
Vs.
State by,
The Inspector of Police,
CCB Police Station,
Tambaram. ... Respondent
Prayer: Criminal Original Petition is filed under Section 528 of the BNSS, to
direct the learned Judicial Magistrate No.I, Tambaram to take on the file the
charge sheet filed by the respondent Police on 11.05.2024 within the
stipulated time fixed by this Court.
Crl.O.P.No.18139 of 2025
Vs.
1. State by,
The Inspector of Police (Law and Order),
J-8, Neelankarai Police Station, Chennai.
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Prayer: Criminal Original Petition is filed under Section 528 of the BNSS, to
direct the first respondent to execute the Non-Bailable Warrant issued by the
Metropolitan Magistrate, Fast Track Court-I, Allikulam against the second
respondent in S.T.C.No.9639 of 2024, dated 18.12.2024.
***
Crl.O.P.No.20852 of 2025
Vs.
1. The State Represented by:
The Inspector of Police,
H-8 Police Station,
Nagamalai, Pudukottai.
Madurai District.
Prayer: Criminal Original Petition is filed under Section 528 of the BNSS, to
direct the first respondent to execute the Non-Bailable Warrant issued against
the second respondent herein in S.T.C.No.914 of 2018, pending on the file of
the learned Judicial Magistrate No.V, Salem.
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COMMON ORDER
2. In this backdrop, considering the serious lapses noted, and since the
consideration, all the petitions are taken up together and are being disposed
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charge sheets, they have not yet been taken on file by the
respective Magistrates.
repeated opportunities.
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police for the offence under Section 420 IPC. Subsequently, this Court, by
police to file a final report or closure report within three months. Thereafter,
this Court that the final report had been filed before the learned
act upon the report within four weeks. The grievance of the petitioner is that
even after the expiry of several months, the learned Magistrate has not taken
any steps to act upon the final report as directed. The petitioner also refers to
Rule 25(6) of the Criminal Rules of Practice, 2019, which mandates that the
final report shall not be returned even if defective, and that in the absence of
any defect, it shall be taken on file within three days from the date of receipt.
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stating that he, along with 91 others, was allegedly cheated by one
total sum of Rs.2,10,00,000/- from the victims under the pretext of selling
Despite receiving the amount, the accused failed to purchase the promised
land and instead diverted the funds to acquire other properties. Based on the
police at CCB, Tambaram. The accused was arrested and later released on
bail. Though the investigation was stated to be completed and a final report
Tambaram, the same has not been taken on file for over a year. Left with no
effective remedy, the petitioner has filed the present petition, seeking a
direction to the learned Judicial Magistrate to take the final report on file and
under Section 138 of the Negotiable Instruments Act against the second
against the second respondent and directed the first respondent police to
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execute the same. However, despite the lapse of considerable time and
unexecuted, and no effective steps have been taken by the first respondent.
The continued inaction of the police in executing the warrant raises serious
concern. Hence, this petition is filed seeking a direction to the first respondent
Magistrate, Fast Track Court No.I, Allikulam, against the second respondent in
Salem, against the second respondent. It is alleged that the petitioner had
discharge of the said liability, the second respondent issued two cheques,
notice, the petitioner initiated proceedings and summons were served on the
under Section 317 CrPC, he subsequently failed to appear before the Court.
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respondent police to execute the said warrant. As a result, the case has
remained pending without progress for nearly seven years, causing grave
2018 against the second respondent and produce him before the said Court
Advocate (Criminal Side) appearing for the respondent police, submitted that
the charge sheet was filed on 10.02.2024 through e-Filing No. C202400037;
however, the same has not yet been taken on file by the learned V
Advocate (Criminal Side) appearing for the respondent police, also submitted
that the charge sheet was filed on 11.05.2024; however, the same has not
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submitted that a Non-Bailable Warrant (NBW) was issued against the accused
issued against the accused on 06.08.2018, which has also not been executed
5. This Court finds it pertinent to record that the present cases are not
isolated instances. On numerous occasions, this Court has also had to pass
directions in petitions where, despite the charge sheet being filed through the
prescribed e-filing system, the same was not taken on file by the respective
6. The State authorities often inform this Court that the charge sheet
has been filed; however, it is not taken on file by the concerned Magistrate.
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merely state from time to time that steps are being taken for their execution.
Even though the State or police claim that necessary steps are being taken
practice, these steps are not effectively carried out unless the complainant or
seeking directions
Court to file a report indicating the number of cases in which charge sheets
have been filed before the Magistrate Courts across the State of Tamil Nadu
but have not yet been taken on file by the respective Courts. At this juncture,
it would be appropriate to extract the relevant portion of the said order, which
reads as under:-
"2. Today, when the matter the was taken up for hearing, the
learned Government Advocate (Crl.Side) appearing for the respondent-Police,
on instructions, submitted that after completion of investigation in Crime
No.359 of 2022, the respondent-Police filed the charge sheet on 10.02.2024
through e-filing vide No.C202400037 before the learned Vth Metropolitan
Magistrate, Egmore, Chennai.
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the Registrar General to file a report. The relevant portion of the said order is
extracted hereunder:
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9. Heard both sides and perused the materials on record, including the
report submitted.
following heads:-
21404 of 2025):-
have not yet been taken on file by the concerned Magistrates. As per Rule
25(6) of the Criminal Rules of Practice, 2019, the charge sheet shall be taken
on file within three days from the date of its receipt. At this juncture, it would
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absence of defects, the same shall be taken on file within three days from
the date of receipt."
2024, arising out of SLP (Crl.) No. 2874 of 2023, decided on 12.03.2024],
" When such a Police Report concludes that an offence appears to have
been committed by a particular person or persons, the Magistrate has three
options: (i) he may accept the report and take cognizance of the offence and
issue process, (ii) he may direct further investigation under sub-section (3) of
Section 156 and require the police to make a further report, or (iii) he may
disagree with the report and discharge the accused or drop the proceedings. If
such Police Report concludes that no offence appears to have been committed,
the Magistrate again has three options: (i) he may accept the report and drop
the proceedings, or (ii) he may disagree with the report and taking the view that
there is sufficient ground for proceeding further, take cognizance of the offence
and issue process, or (iii) he may direct further investigation to be made by the
police under sub-section (3) of Section 156 .”
However, even after the final reports have been filed, the learned Magistrates
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and the procedure laid down under the Code of Criminal Procedure, the
matters are kept pending without taking the report on file, resulting in
shows a large difference between the number of charge sheets submitted and
direction for the first time. On multiple earlier occasions, this Court has
categorically observed that once a final report (charge sheet) is filed by the
wherein this Court had already taken note of similar lapses and issued
appropriate directions.
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"All the Judicial Magistrates in the State of Tamil Nadu and the Union
Territory of Puducherry are hereby directed to take the final reports filed by
the Police concerned on file without returning the same.
All the Principal District Judges / Chief Judicial Magistrates shall
ensure that final reports in criminal cases are not returned for any reason.
Further, all Judicial Magistrates are directed to give proper acknowledgment
to the police concerned upon filing of the final reports.
All the Principal District Judges / Principal Judge / District Judge /
Chief Judge are directed to send a monthly report of those cases where final
reports are not filed within the statutory period, to the High Court, with a
copy marked to the Commissioner of Police / Superintendent of Police of the
District concerned.”
As the circular issued was not followed by certain individuals, the same was
Contempt Petition No.728 of 2022, dated 30.08.2022 and the relevant portion
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ensure that the final reports in criminal cases are not returned for any
reason. Further all the Judicial Magistrates were directed to give proper
acknowledgement to the police concerned on filing final reports. His Lordship
Mr. Justice N.Sathish Kumar had also issued certain directions in this regard.
6. Today Shri.Asra Garg, I.P.S., appeared before me and filed his
status report. His labour is evident from the results. Due to his persistent
follow-up action during the last two months, as many as 64027 final reports
have been filed and duly acknowledged. This covers ten districts falling within
the jurisdiction of the Madurai Bench. The status report filed by the I.G.
contains detailed statistics and facts and figures."
In spite of the repeated and specific directions issued by this Court, both in
the form of judicial orders and administrative circulars, to the effect that once
the final report is filed, it must be taken on file without unwarranted return or
delay, this Court continues to receive petitions from aggrieved parties stating
that final reports filed by the jurisdictional police are not being taken on file,
No.359 of 2022 for the offence under Section 420 IPC. As no further progress
was made in the investigation, the petitioner approached this Court once
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directed the respondent police to file a final report or a closure report within a
period of three months. As the said direction was not complied with, the
submitted that the final report had been filed before the learned V
No.C202400037. Taking note of the said submission, this Court directed the
learned Magistrate to act upon the report within a period of four weeks.
However, despite the lapse of several months, no action has been taken by
the learned Magistrate, and the report continues to remain unattended. The
petitioner has once again been compelled to approach this Court by filing the
2025 was also compelled to file the present petition seeking a direction to
take the charge sheet on file, which had already been filed before the
it has not been taken on file till date. Such delay, despite clear and specific
of the learned Magistrate. This continued inaction not only causes undue
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even taking a final report on file, particularly when there are standing
passive in the face of such lapses that result in avoidable hardship to citizens.
sheet or final report is filed before the Magistrate, the same shall be taken on
file forthwith, and necessary action in accordance with law shall be initiated
without undue delay. No case shall remain at the stage of “charge sheet filed
but not taken on file,” as such procedural stagnation defeats the very object
judicial responsibilities with due diligence and urgency, especially where prior
upon the same within a period of two weeks from the date of receipt of a
copy of this order, and proceed further in accordance with law. Likewise, in
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also directed to take on file the final report filed by the respondent police on
upon the same within a period of two weeks from the date of receipt of a
establishments exist for each court, charge sheets filed through the e-filing
function from a common establishment, it has been noticed that all charge
sheets filed through e-filing are received centrally without any system-based
delay in placing the report before the appropriate court for consideration. The
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identifiable by the concerned courts. This will ensure that the Magistrate
having jurisdiction is able to peruse the report and take appropriate action
11.1(8) It has also come to the notice of this Court that there are
several cases, charge sheets are either not uploaded in the prescribed
are even filed before courts which do not have territorial or subject-matter
confusion. Such lapses not only delay the process of taking cognizance but
smooth functioning of the judicial system. In this regard, the Director General
agencies to strictly adhere to the prescribed procedure and format while filing
conducted for all concerned police officers, particularly those responsible for
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As per the report, there are 73,699 cases pending at the stage of execution of
cases where NBWs have remained unexecuted since as early as 1985. Out of
the total, 12,394 cases relate to the current year 2025, which means that
61,305 cases are pending from the period between 1985 and 2024. Although
the pendency for the current year may be within acceptable limits, the fact
that more than 61,000 cases have remained pending for several years and in
effectiveness of the criminal justice system. The matter, therefore, calls for
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that case, the Hon'ble Supreme Court expressed serious concern over the
execution process. The Hon'ble Apex Court directed that compliance reports
must be filed within a fixed timeline and acted upon without delay. Further,
the Hon’ble Apex Court observed that long intervals for return of warrants
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hereunder:-
28. However, before parting with the judgment, we feel that in order
to prevent such a paradoxical situation, we are faced with in the instant case,
and to check or obviate the possibility of misuse of an arrest warrant, in
addition to the statutory and constitutional requirements to which reference
has been made above, it would be appropriate to issue the following
guidelines to be adopted in all cases where non-bailable warrants are issued
by the courts:
28.1. All the High Court shall ensure that the subordinate courts use
printed and machine numbered Form 2 for issuing warrant of arrest and each
such form is duly accounted for;
28.2. Before authenticating, the court must ensure that complete
particulars of the case are mentioned on the warrant;
28.3. The presiding Judge of the Court (or responsible officer
specially authorised for the purpose in case of High Courts) issuing the
warrant should put his full and legible signatures on the process, also
ensuring that Court seal bearing complete particulars of the Court is
prominently endorsed thereon;
28.4. The court must ensure that warrant is directed to a particular
police officer (or authority) and, unless intended to be open-ended, it must
be returnable whether executed or unexecuted, on or before the date
specified therein;
28.5. Every court must maintain a register (in the format given below
at p. 804), in which each warrant of arrest issued must be entered
chronologically and the serial number of such entry reflected on the top right
hand of the process;
28.6. No warrant of arrest shall be issued without being entered in
the register mentioned above and the court concerned shall periodically
check/monitor the same to confirm that every such process is always
returned to the court with due report and placed on the record of the case
concerned;
28.7. A register similar to the one in para 28.5 supra shall be
maintained at the police station concerned. The Station House Officer of the
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police station concerned shall ensure that each warrant of arrest issued by
the court, when received is duly entered in the said register and is formally
entrusted to a responsible officer for execution;
28.8. Ordinarily, the courts should not give a long time for return or
execution of warrants, as experience has shown that warrants are prone to
misuse if they remain in control of executing agencies for long;
28.9. On the date fixed for the return of the warrant, the court must
insist upon a compliance report on the action taken thereon by the Station
House Officer of the police station concerned or the officer in charge of the
agency concerned;
28.10. The report on such warrants must be clear, cogent and legible
and duly forwarded by a superior police officer, so as to facilitate fixing of
responsibility in case of misuse;
28.11. In the event of warrant for execution beyond jurisdiction of
the court issuing it, procedure laid down in Sections 78 and 79 of the Code
must be strictly and scrupulously followed; and
28.12. In the event of cancellation of the arrest warrant by the court,
the order cancelling warrant shall be recorded in the case file and the
register maintained. A copy thereof shall be sent to the authority concerned,
requiring the process to be returned unexecuted forthwith. The date of
receipt of the unexecuted warrant will be entered in the aforesaid registers.
A copy of such order shall also be supplied to the accused.
29. We expect and hope that all the High Courts will issue appropriate
directions in this behalf to the subordinate courts, which shall endeavour to
put into practise the aforesaid directions at the earliest, preferably within six
months from today.
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It is also pertinent to note that the judgment of the Hon’ble Supreme Court in
Another [(2012) 9 SCC 791], was circulated by this Court to the Principal
Judge, Principal District Judges, Chief Metropolitan Magistrates, and the Chief
the Hon’ble Supreme Court as laid down in the above judgment. The circular
orders had not adhered to the binding directions of the Hon’ble Apex Court,
and accordingly, the said judgment was re-issued for strict compliance by all
SCC 791], and the circulars issued by this Court namely, the circular dated
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11.2(4) In the said judgment, the Hon’ble Supreme Court had not only
issued binding directions to all courts regarding the proper procedure for
issuing and monitoring NBWs, but had also specifically directed the police
despite these clear and categorical instructions, neither the police authorities
nor the judicial officers have taken adequate steps to ensure compliance. This
clearly indicates that proper registers were not maintained, the status of
warrants was not periodically reviewed, and compliance reports were neither
insisted upon nor acted upon. The purpose of the Hon'ble Supreme Court’s
precisely this situation where warrants remain pending for years without any
with the police, such a staggering level of pendency could have been avoided.
Judicial officers and police authorities must take personal responsibility and
ensure that NBWs are executed promptly, that registers are properly
unchecked.
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has neither been taken on file nor returned, and no further steps appear to
have been taken in the matter. This continuous pendency, despite several
Court and the executing agency. Such delay increases the risk of the warrant
the criminal proceedings. In the said judgment of the Hon’ble Supreme Court,
it was also emphasized that where the accused is suspected to be outside the
such steps, merely keeping the matter pending serves no purpose and
Sections 82 and 83 CrPC / Section 84 and 85 of BNSS. The court may issue a
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In appropriate cases, the trial may even proceed in the absence of the
initiated, and the matter is simply adjourned from time to time, it will
inevitably result in undue delay and frustrate the very purpose of the trial.
Therefore, the court must proactively ensure that warranted actions under
(DGP) filed a status report indicating that only 16,038 cases were pending at
submitted by the Registrar General reflected that 73,699 such cases were
11.2(8) This Court takes serious note of the continued and deliberate
comply with the binding directions issued by the Hon’ble Supreme Court and
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many cases particularly where the accused remain untraceable and Non-
failure to initiate appropriate proceedings under Sections 78, 79, 82, and 83
have remained pending even since the year 1985 under the category of
the system. Such lapses are bound to have serious consequences and cannot
undermines the very foundation of the justice delivery system. When courts
the law with impunity, causes undue hardship to complainants and victims,
and also creates room for possible misuse of power by the investigating
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further.
concerning the chain of custody, current status, and final disposal of the
material objects seized during investigation. Such lapses may result in serious
the State of Tamil Nadu are complying with the circulars and directions issued
by this Court and the Hon’ble Supreme Court particularly with respect to the
disposal of case properties, and the imparting of necessary training, this Court
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Chief Administrative Officer, who has served in various districts, including the
hereby appointed as the Nodal Officer for all subordinate courts across the
State of Tamil Nadu, initially for a period of one year, for the specific purpose
subordinate courts across the State, impart necessary training, and verify the
following aspects:-
Registry Office circulars are being duly maintained in the prescribed format,
(ii) Whether judicial officers and court staff are complying with
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the orders of the respective courts, and whether any lapse, delay, or
properties.
central records, Civil Court Deposits, disposal of case properties, and all
the Saturdays.
(vi) The Nodal Officer shall complete the inspection and file interim
submitted to this Court within a period of one year from the date of receipt of
per month, which shall be drawn from the Contingency Fund of the High
Court.
circulate the above appointment of the Nodal Officer to all Principal District
Judges and issue appropriate instructions to all judicial officers and staff to
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extend full cooperation for the inspection, verification of records, and for the
training within a period of two weeks from the date of receipt of a copy of
this order. The Registrar General shall also take necessary steps to ensure
(ii) Upon receipt of the report from the Nodal Officer, the Registrar
court staff, or authority found to have neglected or failed to comply with the
binding directions issued by the Hon’ble Supreme Court and this Court.
(c) File a status report before this Court indicating the nature of action
taken on the basis of the Nodal Officer’s report, within eight weeks from the
(d) The Registrar General shall also take appropriate steps to ensure
that the deficiencies, if any, highlighted in the report are addressed in a time-
correctional measures.
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remain unexecuted till date, this Court directs the respondent police to take
immediate steps to execute the said warrants within a period of two weeks
from the date of receipt of a copy of this order. In the event the warrants are
not executed within the said period, the same shall be returned to the Court
Hon’ble Supreme Court in paragraph Nos. 28.8 and 28.9 of the judgment in
SCC 791].
11.2(16) Before parting with the matter, this Court finds it necessary
to reiterate that both the police and the judiciary bear a joint institutional
who approach the system in the hope of redress. Justice must not be denied
When an aggrieved citizen knocks on the doors of the court, it is the solemn
duty of every stakeholder be it the police or the court to ensure that the
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action taken report before this Court after a period of three months,
within a period of three months from the date of receipt of a copy of this
order.
14. (i) The Registrar General is directed to comply with the directions
issued in para No.11.2(14)-(i) and (ii)(a) and file a report, during the next
date of hearing.
(ii) The Registrar General is directed to file the Action Taken Report
within a period of two months from the date of receipt of the reports to be
filed by the Nodal Officer, who shall file the said report within a period of one
year from the date of receipt of a copy of this order, duly taking note of the
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17. List the matter after three months for reporting compliance.
01/08/2025
Index : Yes/No
Neutral Citation Case : Yes/No
Speaking Order : Yes/No
rns
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To
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12.Mr.R.Mahesh Babu,
No.22, Murugavel Nagar,
3rd Cross, K.K.Nagar,
Trichy - 620 021.
(Phone No.9443914168)
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P.VELMURUGAN, J
rns
01/08/2025
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