IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

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ON THE 12 OF DECEMBER, 2025 MISC. CRIMINAL CASE No. 56860 of 2025 SMT. SHAKUNTLA DEVI Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Vineet - Advocate for the petitioner.

Shri APS Tomar - Public Proescutor for the State.

ORDER The present petition under Section 528 of BNSs has been filed by the petitioner seeking following reliefs:

"(a) Allow the present petition and issue a direction to the Respondent No. 2, the Superintendent of Police, District Gwalior, to personally supervise the execution of the non- bailable arrest warrant issued by the Court of Ld. Judicial Magistrate First Class, Gwalior in Criminal Case SC NIA No. 631/2015 against the Respondent No. 5 and to submit a compliance report before this Hon'ble Court within a stipulated period;

(b) Any other order or direction as this Hon'ble Court may deems fit in the facts and circumstances of the case be granted. Costs be awarded."

Learned counsel for the petitioner has submitted before this Court that the petitioner is the original complainant in Criminal Case SC NIA No. 3800631/2015 under Section 138 of the Negotiable Instruments Act, 1881. Respondent No.4 was convicted by the learned Judicial Magistrate First Class, Gwalior, on 30.11.2019, sentenced to six months’ imprisonment and directed to pay Rs.3,76,875/- as compensation. On appeal, the imprisonment was reduced to three months on 24.05.2023, while the compensation order was upheld.

It is further submited that despite the appellate order, Respondent No.

4 has failed to surrender and has been absconding. The learned Trial Court issued a non-bailable warrant on 05.06.2023. The respondent police authorities have failed to execute the warrant or even file a status report, rendering the judicial process ineffective and denying the Petitioner the fruits of the judgment.

It is further submited that the non-execution of the arrest warrant is a grave injustice and undermines the authority of the courts. The police had a statutory duty to execute warrants, and their inaction allows the convict to evade lawful punishment. It is therefore prayed that Respondent No.2, the Superintendent of Police, District Gwalior, be directed to personally supervise the execution of the non-bailable warrant against Respondent No.4 and submit a compliance report within a stipulated period.

On the other hand, learned State Counsel submits that the police authorities have been making efforts to trace and apprehend Respondent No.4, who is deliberately evading arrest, and that the non-execution of the warrant is due to practical difficulties rather than negligence. He acknowledges the seriousness of the matter and undertakes to intensify all efforts to locate and arrest the convict. It is further submitted that a detailed report regarding steps taken and reasons for any delay shall be filed before the Trial Court, and all directions of the competent Court will be implemented in a timely manner.

Having considered the facts of the case, the submissions of the counsel for the petitioner and the State, and in view of the persistent non-execution of the non-bailable arrest warrant against Respondent No.4, this Court is of the opinion that the ends of justice require intervention, as the inaction of the police authorities has resulted in the evasion of a lawful sentence, undermining the authority of the judiciary and prejudicing the petitioner.

Accordingly, the petition filed under Section 528 of the BNSS is allowed directing Respondent No.2, the Superintendent of Police, District Gwalior, to personally supervise the execution of the non-bailable arrest warrant issued by the learned Judicial Magistrate First Class, Gwalior, in Criminal Case SC NIA No. 631/2015 against Respondent No.4. The Superintendent of Police shall ensure that the convict is arrested and produced before the Trial Court at the earliest.

The respondents/police authorities are further di