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2026 Supreme(Online)(Bom) 367
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Madhav J. Jamdar, J
INTEGRO FINSERV PRIVATE LIMITED – Appellant
Versus
MR. SANTOSHKUMAR RAMSAJEEVAN DEWIVEDI AND ANR – Respondent
CHAMBER SUMMONS NO. 455 OF 2014 | EXECUTION APPLICATION NO. 853 OF 2015
For the Appellants/Petitioners: Gaurav Jain
For the Respondents: Anil C. Singh, Aditya Thakkar, D. P. Singh, Adarsh Vyas, Rama Gupta, Krishnakant Deshmukh, Rajdatta Nagre
Under Section 80 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants to be executed outside the issuing court's jurisdiction may be forwarded to the Executive Magistrate, District Superintendent of Police, or Commissioner of Police of the relevant jurisdiction to ensure execution.
Headnote:The court examined the application of the Bharatiya Nagarik Suraksha Sanhita, 2023, specifically Section 80, in the context of executing warrants outside the court's local jurisdiction. The facts involve an Execution Application from 2015 where a Non-Bailable Warrant issued against a respondent in Varanasi, Uttar Pradesh, remained unexecuted despite multiple reminders to the local police station. The court noted that such delays are systemic and referred to the Supreme Court's direction in Periyammal (Dead Through LRs) & Ors. vs. V. Rajamani & Anr. to dispose of Execution Applications within six months. The primary issue was the failure of local police authorities outside the state of Maharashtra to execute warrants and the correct legal procedure to ensure such execution. The court reasoned that under Section 80 of the BNSS, when a warrant is to be executed outside the local jurisdiction of the issuing court, the court may forward it to an Executive Magistrate, District Superintendent of Police, or Commissioner of Police within the relevant jurisdiction to ensure it is executed. Accordingly, issue fresh Non-Bailable Warrant against the Respondent No.2. The registry shall forward the same by R.P.A.D. to the Commissioner of Police, Varanasi, within the local limits of whose jurisdiction the said warrant is to be executed.
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| 1. delay in executing warrants outside the state of maharashtra and the need for time-bound disposal of execution applications. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
PC:-
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 per tracking report the reminder letter was received by the said authority
