Section 87 of Code of Criminal Procedure, 1973 (Cr.P.C.) – Explained!

The section makes it mandatory for the Court to record reasons in writing for issuing a warrant in lieu of or in addition to, summon.

In Prodyot Kumar Baidya v. Chaya Rani Baidya, the Magistrate, in a maintenance proceeding under Section 125, Cr.P.C. closed the evidence of a party, one of whose witnesses did not turn up despite service of summons. In appeal, the High Court set aside the order and directed the Magistrate to issue a warrant to the abstaining witness under Section 87 of the Code in order to secure his attendance in the Court.

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In yet another case, relating to maintenance proceedings under Section 125, the Magistrate issued notice to the husband by registered post, and subsequently issued a warrant of attachment or his salary for realising the amount of maintenance.

In appeal against this order of the Magistrate, the High Court of Karnataka held that both sending notice by registered post as also the warrant of attachment of salary were illegal as the notice ought to have been served as provided in Section 125 (3) and there were no circumstances to justify the issue of warrant under Section 87 of the Code.

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