Courts not bound to remind police on arrest warrants: Calcutta High Court

Kolkata: The Calcutta High Court has ruled that there is no law requiring courts to issue reminders to police for executing arrest warrants, placing the responsibility squarely on investigating agencies.

Quashing a 14-year-old criminal case against a resident of Murshidabad’s Sagarpara area, the court said the unexplained delay and absence of independent incriminating material made further proceedings an abuse of process.

Justice Apurba Sinha Ray delivered the order while allowing the petition of Kajim Sk. @ Khajim Sekh @ Khajim Seikh, who had challenged proceedings stemming from a 2010 raid. Narcotic substances had been seized from a vehicle that year and two persons were arrested, but “no recovery was made from the present petitioner”. His name surfaced only in the statements of the arrested accused during police interrogation. The High Court emphasised that such statements, recorded by police under Section 161 of the Criminal Procedure Code, may provide leads during investigation but cannot by themselves justify prosecution unless they are independently verified.

What weighed heavily with the bench was the police inaction in executing a warrant issued back in 2010. The petitioner was finally arrested only in March 2024. In a report filed on July 25, 2025, the police attempted to explain the delay by citing the absence of reminders from the trial court between March 3, 2011 and May 19, 2023, and the bifurcation of Jalangi police station, which was finally effected on July 13, 2020. Rejecting these explanations, Justice Ray observed that courts are under no obligation to keep prompting the police.

“The duty lies squarely on the police to execute the warrant,” the order underlined, adding that investigative lapses of this magnitude could not be condoned. “Accordingly, the entire proceedings against the applicant… is hereby quashed,” the judge directed, ordering the petitioner’s release if in custody and not wanted in any other case.