Section 58
Procedure For Issuing Warrant For Arrest
(1) A warrant for arrest
to be issued by the court pursuant to this Chapter shall clearly state
the full name and address of the person to be arrested and the reason
for arrest and be in the form referred to in Schedule-23 in the case of
an accused person and in the form referred to in Schedule-24 in the
case of a witness and other person.
(2) A warrant for arrest issued pursuant to sub-section (1)
shall be signed by the concerned authority and bear the seal of the
court.
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(3) While issuing a warrant for arrest pursuant to subsection
(1), the warrant for arrest shall be directed to the police office
of the area where the person to be arrested is or likely to be residing
or staying.
Provided that the court may, if it deems so necessary, also
direct a warrant for arrest to the employee of the court.
(4) A warrant for arrest issued pursuant to this Section shall
remain valid unless and until it is executed or canceled by the court.
(5) A person to whom a warrant for arrest has been issued
may be arrested pursuant to such warrant, and while arresting a
person in pursuance thereof, the warrant for arrest shall be shown to,
and the notice sent pursuant to sub-section (7) of Section 57 shall
also be delivered to, that person.
(6) A person who has been arrested under a warrant for
arrest shall immediately be produced before the concerned court as
soon as possible but not later than twenty-four hours, excluding the
time required for journey.
(7) If the person to be arrested under a warrant for arrest is
not found within seven days after the date of receipt by the police of
the warrant for arrest, the concerned police office shall continue to
search that person, and, subsequent thereto, proceed to his or her
house and deliver the 35-day-warrant for arrest issued to him or her,
in the form referred to in Schedule-25, to any of his or her family
member of legal age, residing jointly with him or her, and retain a
receipt thereof in the case-file.
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(8) If the person referred to in sub-section (7) refuses to
acknowledge such warrant or is not found, a copy of the warrant
shall be affixed to his or her house in presence of a member of the
concerned ward committee of the Local Level, and if such member is
not available, in presence of at least two local persons, and one copy
thereof shall be delivered to the court.
(9) A copy of the warrant affixed to the house where the
concerned person is residing or staying pursuant to sub-section (8)
shall also be delivered to the concerned ward office of the Local
Level and a receipt of its acknowledgement shall be retained in the
case-file.
(10) If a warrant is delivered to it pursuant to sub-section (9),
the concerned ward office of the Local Level shall, upon receipt of
such warrant, give information thereof to the concerned person and
also affix it to its notice board.
(11) Notwithstanding anything contained elsewhere in this
Section, if a person under the warrant for arrest appears himself or
herself before the court prior to being arrested, he or she shall be
arrested and hearing shall be held under law as to whether or not he
or she has to be held in detention, and the warrant for arrest issued to
him or her previously shall be voided and information thereof given
to the concerned authority.
(12) If the court comes to know upon a petition by the party
or through any other means that the person under the warrant for
arrest is staying in any district other than his or her address, the court
may also direct the warrant for arrest to the district where he or she is
staying.
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(13) If any accused does not appear within the time limit
specified in the warrant for arrest issued pursuant to this Chapter and
remains absconded or the actual address of the accused cannot be
discovered or the place where the accused is staying cannot be found
out, the court may publish a notice, containing the description of
such accused, in any national daily newspaper and affix the notice to
the notice board of the concerned court.
(14) Upon the publication of a notice pursuant to sub-section
(13), the accused shall be deemed to have duly received the notice,
and any police office or employee may, at any time, arrest and
produce him or her.
(15) The court may, at any time after the affixation of the
notice pursuant to sub-section (8), order the attachment of any
property belonging to the person under the warrant for arrest.
(16) If an order for the attachment of property is made
pursuant to sub-section (15), the court shall affix a notice of such
attachment to its notice board and give information thereof to the
concerned Land Revenue Office or other body or organization.
(17) If it receives a precept from the court for the attachment
of property pursuant to such-section (16), the concerned Land
Revenue Office or other body or organization shall immediately
attach such property and give information thereof to the court
making such attachment order.
(18) If a property attachment order is made by the court
pursuant to sub-section (15), such property shall, notwithstanding
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anything contained in the law in force, be deemed to have been
attached with effect from the date of such order.
(19) After the person to be arrested pursuant to this Chapter
appears in the court, the court shall, irrespective of the stage of the
proceeding of the case, order the concerned Land Revenue Office or
other body or organization to immediately release the property of
such person which has been attached pursuant to this Section.