323. Action in cases of failure to arrest. [§ 12, Act V, 1861].
(a)A warrant of arrest of an accused person remains in force, and shall be retained at a police-station, till the arrest is made or the individual surrenders, or till the warrant is formally cancelled or withdrawn by the Court which issued it.(b)When a police officer to whom a warrant has been entrusted for execution, fails to find the accused person, and has reason to believe that he has absconded or is concealing himself, and the warrant cannot be executed, he shall submit a report in writing, stating clearly the reason for such belief.(c)He shall also, in all except petty cases, make a list of the property movable or immovable belonging to the absconder, and after obtaining the signature of the Panchayat or president of the union board or of some other respectable witness on the list, shall send it with a warrant report from (B.P. Form No. 55), to the Magistrate. In the case of persons who are absconding at the time of submission of a charge-sheet this list shall be submitted together with the charge-sheet so that an order of attachment may issue immediately.(d)A Magistrate issuing a warrant is required to fix a date by which the warrant is to be executed, or failure to execute reported. If it is not possible to return the warrant duly executed to the issuing Court by the date fixed in the warrant, the officer-in-charge of the police-station to whom the warrant has been addressed or endorsed, shall submit, so as to reach the issuing Court not later than the morning of the date fixed, a report in B.P. Form No. 55 stating the reason why the warrant has not been executed. If the accused is absconding, he shall also send with his report the original report, referred to in clause (b) above, of the officer to whom the warrant was made over for service, together with the list of property belonging to the absconder. It will then rest with the Court officer to apply for proclamation and attachment, if necessary.(e)The officer to whom the execution of the warrant was entrusted, shall, if necessary, be sent with the report referred to in clause (d) above, so that his statement can be recorded with a view to taking proceedings under section 87, Code of Criminal Procedure.(f)An unexpected warrant for the arrest of a witness in Form No. VII, Schedule V, Code of Criminal Procedure, shall be returned to the Magistrate on the date fixed therein, so that he may take any further steps he may think advisable.(g)Unexecuted warrants for the arrest of accused persons shall be kept in a file until they are arrested or the warrants are cancelled or withdrawn.(h)A register of warrants of arrest shall be maintained at each police-station in B.P. Form No. 56.
