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Multiple Warrants Issuance - Generally, a single arrest warrant is issued per case; multiple warrants (e.g., to different police stations or officers) are not standard practice unless explicitly permitted. The law emphasizes that warrants should be issued with proper scrutiny, and only one warrant should typically be issued for a single arrest to avoid confusion ARUMUGAM v. VIJAYARATNAM et al. .
Warrant to Post or Concerned Police Station - Warrants are usually directed to police officers or police stations within jurisdiction. The issuance to a specific police station or officer is standard, and warrants can sometimes be directed to other persons if immediate execution is necessary and no police officer is available, but this requires court approval SREE GOKULAM CHITS AND FINANCE COMPANY PVT. LTD Vs STATE OF KERALA - Kerala, 02200083104.
Issuance of Multiple Warrants for Same Person - The law generally permits only one warrant for a person’s arrest; multiple warrants for the same individual are discouraged and may be considered invalid if they are not properly justified or constitute multiple documents for the same arrest ARUMUGAM v. VIJAYARATNAM et al. .
Warrant to Concerned Police Station - Warrant execution is typically entrusted to police officers or station house officers. Courts can direct warrants to police stations within jurisdiction, and the police are responsible for executing such warrants with proper procedure. Warrants can also be issued to other persons if immediate action is necessary, but such cases require court approval SREE GOKULAM CHITS AND FINANCE COMPANY PVT. LTD Vs STATE OF KERALA - Kerala, Sachin vs State of U.P. - Allahabad.
Issuance by Post - The sources do not explicitly mention issuance of warrants by post; generally, warrants are issued to police officers or stations for execution. Any issuance by post would be unconventional and likely invalid unless specifically authorized by law.
Summary and Conclusion - The issuance of two arrest warrants—one by post and one directed to a concerned police station—is not standard practice and generally not supported by procedural law. Warrants should be issued to police officers or stations for proper execution, and multiple warrants for the same individual should be issued only with valid justification and proper scrutiny. Issuing warrants by post is not typical and may not be legally valid unless explicitly permitted. Proper procedural compliance and judicial oversight are essential to ensure warrants are valid and enforceable.

References:- Rajesh Barua, S/o Late Satya Ranjan Barua vs State of Assam - Gauhati, Niranjan Mahato VS State of West Bengal - Calcutta, THE ATTORNEY GENERAL v. CAPTAIN SKINNER, Imran VS State of Rajasthan - Rajasthan, SREE GOKULAM CHITS AND FINANCE COMPANY PVT. LTD Vs STATE OF KERALA - Kerala, ARUMUGAM v. VIJAYARATNAM et al. , Chanda Deepak Kochhar VS Central Bureau of Investigation - Crimes, Sachin vs State of U.P. - Allahabad, Mayukh Ranjan Sarbadhikary Alias Mayukh Sarbadhikary v. State of West Bengal - Calcutta

Can Two Arrest Warrants Be Issued: By Post & Police Station?

Can Two Arrest Warrants Be Issued: One by Post and One to a Police Station?

In the realm of Indian criminal law, arrest warrants are powerful tools used by courts to ensure the presence of an accused person in judicial proceedings. But what happens when logistical challenges arise? Can a court issue two arrest warrants for the same individual—one sent by post and another directed to a concerned police station? This question often surfaces in cases involving absconding accused or jurisdictional hurdles.

If you're a legal professional, accused, or simply curious about procedural law, this post dives deep into the provisions of the Code of Criminal Procedure (Cr.P.C.), judicial interpretations, and practical considerations. We'll examine whether such dual issuance is permissible, drawing from statutory sections and case insights. Note: This is general information, not specific legal advice. Consult a qualified lawyer for your situation.

Understanding Arrest Warrants Under Cr.P.C.

Arrest warrants are governed primarily by Sections 70 to 79 of the Cr.P.C., which outline their form, issuance, execution, and validity. Section 70 mandates that every warrant be in writing, signed by the presiding officer, and sealed by the court, remaining in force until executed or cancelled Raghuvansh Dewanchand Bhasin VS State of Maharashtra - 2011 0 Supreme(Raj) 918.

Warrants are typically directed to police officers or police stations for execution. However, the law provides flexibility for scenarios where direct execution is impractical, such as when the accused is outside the court's jurisdiction Maqbool Hasan VS State of U. P. Thru. Prin. Secy. Home Deptt. , Lko. - 2023 0 Supreme(All) 1474.

Key Question: Can Warrants Be Issued by Post?

Yes, Section 78 Cr.P.C. explicitly allows warrants to be forwarded by post or otherwise to the Magistrate, District Superintendent of Police, or Commissioner in the jurisdiction where execution is needed. It states that the warrant must be accompanied by information against the person and relevant documents Maqbool Hasan VS State of U. P. Thru. Prin. Secy. Home Deptt. , Lko. - 2023 0 Supreme(All) 1474.

This provision facilitates arrests when the accused's location is known but immediate physical dispatch isn't feasible. Courts have upheld this method when procedural safeguards are followed, emphasizing its role in effective enforcement Raghuvansh Dewanchand Bhasin VS State of Maharashtra - 2011 0 Supreme(Raj) 918.

Warrants Directed to a Police Station

Warrants addressed to a specific police station are standard and valid if properly issued, signed, sealed, and recorded in court and police registers Raghuvansh Dewanchand Bhasin VS State of Maharashtra - 2011 0 Supreme(Raj) 918. The station's officers, particularly the Station House Officer (SHO), are responsible for execution. Section 79 Cr.P.C. further permits execution outside jurisdiction with endorsement by a local Magistrate or senior police officer Maqbool Hasan VS State of U. P. Thru. Prin. Secy. Home Deptt. , Lko. - 2023 0 Supreme(All) 1474.

For instance, in cases like NDPS Act proceedings, warrants are routinely issued to police stations like Mehta, Amritsar, for execution Major Singh @ Major VS State of Punjab - 2023 Supreme(P&H) 1441 - 2023 0 Supreme(P&H) 1441.

Is Issuing Two Warrants Permissible?

The core issue: Can two warrants—one by post and one to a concerned police station—be issued for the same accused?

Generally, yes, provided both comply with Cr.P.C. procedures. The law does not prohibit multiple warrants if each is properly formatted, recorded, and justified Raghuvansh Dewanchand Bhasin VS State of Maharashtra - 2011 0 Supreme(Raj) 918 Maqbool Hasan VS State of U. P. Thru. Prin. Secy. Home Deptt. , Lko. - 2023 0 Supreme(All) 1474. This can occur when one targets a known location (via post) and another leverages local police resources.

Supporting Provisions: Sections 78 and 79 enable flexible execution methods, including postal dispatch and station-specific directions Maqbool Hasan VS State of U. P. Thru. Prin. Secy. Home Deptt. , Lko. - 2023 0 Supreme(All) 1474.
Judicial Backing: Courts have validated warrants issued by post or to stations when procedural compliance is ensured, preventing misuse Raghuvansh Dewanchand Bhasin VS State of Maharashtra - 2011 0 Supreme(Raj) 918.

However, other sources highlight caveats:- Multiple warrants are not standard practice; typically, a single warrant suffices per case to avoid confusion ARUMUGAM v. VIJAYARATNAM et al..- Issuance by post is unconventional unless explicitly authorized, and multiple for the same person may be discouraged without strong justification SREE GOKULAM CHITS AND FINANCE COMPANY PVT. LTD Vs STATE OF KERALA - Kerala.- In one case, police applied for warrants due to non-cooperation, but execution failed as the accused was absconding Vipan Kumar Dhir VS State of Punjab - 2021 7 Supreme 91 - 2021 7 Supreme 91.

Exact Quote: Mere absence of the accused on one date before the trial Court in itself is not sufficient to conclude that he is evading his arrest and cannot be the sole ground for issuance of non bailable warrants Major Singh @ Major VS State of Punjab - 2023 Supreme(P&H) 1441 - 2023 0 Supreme(P&H) 1441.

Detailed Procedural Requirements

For validity:1. Proper Format: Writing, signature, seal (Section 70) Raghuvansh Dewanchand Bhasin VS State of Maharashtra - 2011 0 Supreme(Raj) 918.2. Jurisdictional Forwarding: By post with documents (Section 78) Maqbool Hasan VS State of U. P. Thru. Prin. Secy. Home Deptt. , Lko. - 2023 0 Supreme(All) 1474.3. Endorsement for Out-of-Jurisdiction: By local Magistrate/police (Section 79) Maqbool Hasan VS State of U. P. Thru. Prin. Secy. Home Deptt. , Lko. - 2023 0 Supreme(All) 1474.4. Record-Keeping: Entry in court and police registers Raghuvansh Dewanchand Bhasin VS State of Maharashtra - 2011 0 Supreme(Raj) 918.

Warrants to police stations must specify the officer or SHO, ensuring accountability SREE GOKULAM CHITS AND FINANCE COMPANY PVT. LTD Vs STATE OF KERALA - Kerala. Courts can issue to other persons if no police are available, but this needs approval 02200083104.

Case Law Insights

Warrants issued simultaneously for arrest and proclamation (Section 83) have been ordered Nalini Kant Agrawal VS State Of Bihar - 2002 Supreme(Pat) 1040 - 2002 0 Supreme(Pat) 1040.
In international contexts, multiple warrants (e.g., custody violation and felony) were issued across jurisdictions Bhavesh Jayanti Lakhani VS State of Maharashtra - 2008 Supreme(Bom) 1135 - 2008 0 Supreme(Bom) 1135.
Caution: Warrants without scrutiny or for harassment can be challenged; judicial discretion is key Syed Faiz-ur-Rehman VS U. P. Power Electricity Corporation - Consumer.

Exact Quote: The police in Atlanta issued two arrest warrants against the petitioner i.e. Custody Violation Warrant and Kidnapping Felony Warrant Bhavesh Jayanti Lakhani VS State of Maharashtra - 2008 Supreme(Bom) 1135 - 2008 0 Supreme(Bom) 1135.

Exceptions, Limitations, and Best Practices

Invalidity Risks: Lack of endorsement, improper recording, or mechanical issuance renders warrants void Raghuvansh Dewanchand Bhasin VS State of Maharashtra - 2011 0 Supreme(Raj) 918.
Multiple Warrants Scrutiny: Discouraged unless justified; one warrant is typical ARUMUGAM v. VIJAYARATNAM et al..
No Routine Postal Issuance: Not explicitly common; stick to police channels unless necessary Sachin vs State of U.P. - Allahabad.

Recommendations:- Accompany postal warrants with full documentation.- Ensure endorsements for cross-jurisdiction execution.- Maintain records to uphold accountability Rajesh Barua, S/o Late Satya Ranjan Barua vs State of Assam - Gauhati.- Verify grounds before issuing multiples to avoid challenges.

Key Takeaways and Conclusion

Under Indian law, two arrest warrants—one by post under Section 78 Cr.P.C. and one to a police station—can generally be issued if procedures are meticulously followed Maqbool Hasan VS State of U. P. Thru. Prin. Secy. Home Deptt. , Lko. - 2023 0 Supreme(All) 1474 Raghuvansh Dewanchand Bhasin VS State of Maharashtra - 2011 0 Supreme(Raj) 918. This flexibility aids enforcement but demands strict compliance to prevent abuse.

However, it's not standard practice, and multiples should be rare, justified, and scrutinized ARUMUGAM v. VIJAYARATNAM et al.. Always prioritize a single, well-directed warrant.

Final Note: While permissible with caveats, consult legal experts for case-specific guidance. Stay informed on Cr.P.C. updates to navigate these complexities effectively.

References

Raghuvansh Dewanchand Bhasin VS State of Maharashtra - 2011 0 Supreme(Raj) 918, Maqbool Hasan VS State of U. P. Thru. Prin. Secy. Home Deptt. , Lko. - 2023 0 Supreme(All) 1474, State Through Central Bureau Of Investigation VS Dawood Ibrahim Kaskar - 1997 4 Supreme 490, Raghuvansh Dewanchand Bhasin VS State of Maharashtra - 2011 0 Supreme(SC) 887, Major Singh @ Major VS State of Punjab - 2023 Supreme(P&H) 1441 - 2023 0 Supreme(P&H) 1441, Vipan Kumar Dhir VS State of Punjab - 2021 7 Supreme 91 - 2021 7 Supreme 91, Syed Faiz-ur-Rehman VS U. P. Power Electricity Corporation - Consumer, Bhavesh Jayanti Lakhani VS State of Maharashtra - 2008 Supreme(Bom) 1135 - 2008 0 Supreme(Bom) 1135, Nalini Kant Agrawal VS State Of Bihar - 2002 Supreme(Pat) 1040 - 2002 0 Supreme(Pat) 1040, ARUMUGAM v. VIJAYARATNAM et al., SREE GOKULAM CHITS AND FINANCE COMPANY PVT. LTD Vs STATE OF KERALA - Kerala, 02200083104, Sachin vs State of U.P. - Allahabad, Rajesh Barua, S/o Late Satya Ranjan Barua vs State of Assam - Gauhati

#ArrestWarrants #CrPC #IndianLaw

Major Singh @ Major VS State of Punjab - 2023 Supreme(P&H) 1441

Section 21 /22 of NDPS Act, 1985, registered at Police Station Mehta, District Amritsar. 2. ... Mere absence of the accused on one date before the trial Court in itself is not sufficient to conclude that he is evading his arrest and cannot be the sole ground for issuance of non bailable warrants. ... The Supreme Court further held that warrants, either bailable or non-bailable, should ne....

Imran VS State of Rajasthan - 2023 Supreme(Raj) 1788

The said complaint was forwarded for investigation under Section 156(3) Cr.P.C. and FIR No. 25/2011 came to be registered at Police Station Kama for offence under Section 366 IPC. 4. ... He submits that the petitioner is ready to face the trial He thus, prays that in the aforesaid facts and circumstances and in the interest of justice, the standing warrant of arrest issued against the petitioner vide order dated 07.01.2021....

SREE GOKULAM CHITS AND FINANCE COMPANY PVT. LTD Vs STATE OF KERALA - 2022 Supreme(Online)(KER) 2123

In view of the submission, the trial courts concerned, shall issue proper warrants and the Station House Officers of the respective police stations shall execute the warrants, with the assistance of the petitioner herein without hesitation and file a report in this regard, within a period of two weeks ... It is specifically ordered further that the courts concerned shal....

ARUMUGAM v. VIJAYARATNAM et al.

The Act itself contemplates the issue and endorsement of only one warrant for the apprehension of a person accused of an offence, and nowhere in the Act is it even suggested that several warrants can be issued or indorsed for the arrest of a single accused. ... Another submission was that there were actually two warrants issued in this case, each separate document....

Chanda Deepak Kochhar VS Central Bureau of Investigation

Except in heinous offences, an arrest must be avoided if a Police Officer issues notice to person to attend the Station House and not to leave Station without permission would do”. (emphasis supplied) 8.7 In Mohd. Zubair v. ... If discretion is exercised to effect such an arrest, there shall be procedural compliance. Our view is also reflected by the interpretation of the specific provision under Secti....

Sachin vs State of U.P. - 2024 Supreme(All) 2503

It is also found that whenever the letters were issued to SHO or SP concerned, the learned Magistrate did not correctly describes the post to whom the letter had been sent for execution of summons/warrants/other processes. 22. ... By this amendment, the remark column of the earlier register was removed, and in place thereof, two new columns were inserted: one is for a mode of service of ....

Mayukh Ranjan Sarbadhikary Alias Mayukh Sarbadhikary v. State of West Bengal - 2023 Supreme(Online)(Cal) 6453

It is contended on behalf of the petitioner that police authority did not submit any non - execution report of warrant of arrest issued against the petitioner and other accused persons. ... The warrants either bailable or non - bailable should never be issued without proper scrutiny of facts and complete application of mind, due to the extremely serious consequences and remifications which ensue on issuan....

Vipan Kumar Dhir VS State of Punjab - 2021 7 Supreme 91

Discontented, the Respondent-Accused approached the High Court for a similar relief, but the petition was dismissed as withdrawn on 08.03.2018. Meanwhile, on account of non-cooperation with the ongoing investigation, the SHO of the concerned police station applied for and got issued arrest warrants against the Respondent-Accused from Judicial Magistrate. However, the arrest warrant could not be executed as the Respondent-Accused had been on the run and she was thus declared a....

Syed Faiz-ur-Rehman VS U. P. Power Electricity Corporation

If the fine is not paid then the opposite party No.2 and 3 will be served with simple imprisonment for 15-15 days each. Arrest warrants may also be issued against the opposite party No.2 and 3.”

Bhavesh Jayanti Lakhani VS State of Maharashtra - 2008 Supreme(Bom) 1135

Respondent 6 has further stated that on 2/5/2006, trial took place in Massachusetts. The police in Atlanta issued two arrest warrants against the petitioner i.e. Custody Violation Warrant and Kidnapping Felony Warrant. The FBI cannot execute the warrants unless the authorities in India execute the custody order. The police found out that the petitioner had taken Eesha to India.

Nalini Kant Agrawal VS State Of Bihar - 2002 Supreme(Pat) 1040

The Court conceded to the request and ordered that warrants for arrest and under Section 83 Cr.P.C. be simultaneously issued. 5. From the records it appears that on 26.9.2001 the investigating officer made an application to the Court for issuance of the arrest warrants.

FAZAL HAQ VS STATE OF U P - 2002 Supreme(All) 901

Code of Criminal Procedure (in short "the Code") does not lay down that investigating officer can arrest the accused only after obtaining approval from the superior officer. Section 157 of the Code which provides procedure for investigation envisages that the police officer in course of investigation shall take measures for discovery and arrest of the offender. He invented his own procedure, inasmuchas, he sent a report to Additional Director General of Police, CBCID for approval and....