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2026 Supreme(Bom) 462

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MADHAV J. JAMDAR, J.
Integro Finserv Private Limited – Appellant
Versus
Santoshkumar Ramsajeevan Dewivedi and Another – Respondents
Chamber Summons No. 455 of 2014, Execution Application No. 853 of 2015
Decided On : 04-02-2026

Advocates Appeared:
For the Appellant : Gaurav Jain
For the Respondents: Anil C. Singh, Aditya Thakkar, D.P. Singh, Adarsh Vyas, Rama Gupta, Krishnakant Deshmukh, Rajdatta Nagre

For out-jurisdiction arrest warrants, courts must forward to Commissioner of Police or equivalent under Section 80 BNSS for endorsement and execution, to prevent delays from unresponsiveness of local police stations.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 72, 74, 76, 79 and 80 - Execution of warrants outside jurisdiction - Warrants ordinarily directed to police officers but for out-jurisdiction execution, to be forwarded to Executive Magistrate, District Superintendent of Police or Commissioner of Police who shall endorse and cause execution - Fresh non-bailable warrant directed to be issued and forwarded by R.P.A.D. to Commissioner of Police where unexecuted despite multiple reminders to local police station. (Paras 7 to 10)

(B) Execution Proceedings - Disposal within six months as directed by Supreme Court - Numerous applications pending for years, particularly by financial institutions, due to non-execution of outstation bailable/non-bailable warrants - Assistance sought to suggest time-bound execution measures. (Paras 5, 6 and 11)

Facts of the case:
Execution application of 2015 pending 11 years as non-bailable warrant against judgment debtor who shifted outside state not executed despite fresh issuance, multiple reminders by speed post, telephonic contact and email, with no execution report received.

Findings of Court:
Fresh non-bailable warrant issued; registry to forward by R.P.A.D. to Commissioner of Police within jurisdiction for execution; assistance requested for systemic measures ensuring time-bound execution of warrants against judgment debtors.

Issues: Delay in execution of outstation non-bailable warrants despite repeated reminders; appropriate procedure under BNSS for warrants outside local jurisdiction; measures for expeditious disposal of pending execution applications.

Ratio Decidendi: Scheme of BNSS permits execution anywhere in India but for out-jurisdiction, warrants to be forwarded to higher authority like Commissioner of Police instead of directly to subordinate police, who must endorse and execute, addressing persistent non-execution by local police.

Result: Fresh non-bailable warrant issued and to be forwarded to Commissioner of Police; matter to suggest measures for timely execution.

Table of Content
1. nbw execution failed despite multiple reminders (Para 1 , 2 , 3 , 4 , 9 , 10)
2. execution applications require six-month disposal (Para 5 , 6 , 11)
3. asg assists resolving execution delays (Para 7)
4. direct fresh nbw to varanasi commissioner (Para 8)

JUDGMENT :

MADHAV J. JAMDAR, J.

1. By a detailed order dated 7th January 2026, this Court noted that numerous Execution Applications remain pending, as Bailable or Non-Bailable Warrants issued outside the State of Maharashtra have not been executed for a significant period and therefore, Mr. Anil Singh, learned Additional Solicitor General (“ASG”) is requested to assist the Court.

2. The said order dated 7th January 2026 reads as under:

1. This Execution Application is of the year 2015. A learned Single Judge has passed the following order on 23rd July 2025:

“1. Pursuant to the order dated 10th September, 2024, this Court had directed that the non- bailable warrant be issued against the Respondent No.2.

2. Mr. Jain submits that pursuant thereto the non-bailable warrant was issued. However, service report dated 25th November, 2024 indicates that the said warrant could not be executed as the Respondent No. 2 has shifted to Varanasi, Uttar Pradesh and since Vidhan Sabha Elections 2024 process was going on in the State of Maharashtra, there was insufficient manpower to send the police officer to Vararani, Uttar Pradesh.

3. Having heard the learned Counsel and having considered his submissions, Registry is directed to re-issue the non-bailable Warrant against the Respondent No.2, to be executed at Varanasi, Uttar Pradesh, returnable on the next date.

4. The Applicant to assist the Registry and furnish details of the concerned Police Station for the execution of the non-bailable Warrant. The Senior Police Inspector of the concerned Police Station to have the said non-bailable Warrant executed and secure the presence of the Respondent No.2 on the next date.

5. Let the Respondent No.2 remain present in the Court on the next date.

6. List on 3rd September, 2025.”

2. Thus, the order records that Non-Bailable Warrant has been issued against the Respondent No.2. However, the same could not be executed as the Respondent No.2 has shifted to Varanasi, Uttar Pradesh.

3. The registry has submitted report dated 6th January 2026, which reads as under:

“SERVICE REPORT OF FRESH NON-BAILABLE WARRANT OF ARREST

In the above matter, pursuant to the Order dated 23rd July, 2025 passed by this Hon'ble Court, Fresh Non-Bailable Warrant of Arrest was issued against the Respondent No.2 which was addressed to the Senior Inspector of Police, Police Station Manduadih, Varanasi, Uttar Pradesh for execution.

I respectfully further submit that pursuant to the order dated 10th September, 2025, this Registry has send the Reminder to the Senior Inspector of Police, Police Chowki Marhauli, Station Manduadih, Varanasi, Uttar Pradesh vide Letter No. Exa/FRESH NBW/ REMINDER/2025/362 dated 25th September, 2025 (Annexure "A") by speed post, requesting to execute the aforesaid Fresh Non- Bailable Warrant of Arrest and submit the report to this registry before the next adjourned date. As per tracking report the reminder letter was received by the said authority on 28/10/2025.

I respectfully further submit that pursuant to the order dated 26th November, 2025 read with order dated 3rd December, 2025 passed by this Hon'ble Court, this Registry has issued second Reminder to the Senior Inspector of Police, Police Chowki Marhauli, Station Manduadih, Varanasi, Uttar Pradesh vide Letter No.

Exa/FRESH NBW/ REMINDER/2025/427 dated 6th December, 2025 (Annexure "B") by speed post.

I respectfully further submit that pursuant to the order dated 10th December, 2025 passed by this Hon'ble Court, this Registry has issued Third Reminder to the Senior Inspector of Police, Police Chowki Marhauli, Station Manduadih, Varanasi, Uttar Pradesh vide Letter No. Exa/FRESH NBW/ REMINDER/2025/443 dated 18th December, 2025 (Annexure "C") by speed post. As pe

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