Order In this petition the State has challenged an order made by J.M.F.C., 2nd Court, Bijapur, in C.C. No. 1177 of 1971. The order is to this effect: “Received non-bailable” warrant without execution praying for time. Non-bailable warrant was issued long back and police are not taking interest to execute it. This is the position in number of cases before Court. Proceedings stopped under section 249, Criminal Procedure Code with a direction to place charge-sheet when the accused is secured.” The above order is clearly illegal and, therefore, cannot be sustained. The charge against the accused was one under section 420, Indian Penal Code triable by warrant procedure prescribed under Chapter XXI of Criminal Procedure Code. Section 249 is not one of those sections occurring in Chapter XXI of the Code. Hence it is clearly inapplicable. As regards the remarks of the learned Magistrate that the police have been negligent, such state of affairs could not afford a ground to the Magistrate to stop further proceedings. It is always open to the Magistrate to take such coercive steps as are enjoined under sections 87 and 88 and other provisions of the Code. Further, as a matter of prudence, it is open to the Magistrate to issue processes for service through the superior officers of the police department, specifically bringing it to their notice the indifference and negligence of the lower police authorities in the matter of service of warrants and production of accused. 2. The order therefore is clearly unsustainable. The learned Magistrate is directed to restore the case to file and proceed with it in accordance with law. 3. It is seen from the records of this Court that the accused has been reported to be dead. In case the report is true, the prosecution will take steps as may be necessary in regard to the complaint filed by them. K.G.S. ----- Order set aside; Directum to Magistrate to proceed according to law.