Interim protection against arrest warrant and summons schedule granted after prima facie merit was found in the challenge.

Prima facie merit was found in the challenge to the summons schedule and the arrest warrant issued at the first instance under the Code of Criminal Procedure, with the Court noting that insufficient time had been given to appear and that the warrant did not indicate whether it was bailable or non-bailable. Pending service and further hearing, interim protection was granted. Further proceedings before the Chief Judicial Magistrate were stayed for eight weeks.

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Issues: Whether the revisional application required hearing on merits and whether interim protection by way of stay of the pending proceedings was warranted.

Analysis: The Court found prima facie merit in the challenge to the summons schedule and the warrant of arrest issued at the first instance under Section 87 of the Code of Criminal Procedure, 1973. The Court noted the grievance that the petitioner had insufficient time to appear and that the warrant had been issued without indicating whether it was bailable or non-bailable. Pending service and further hearing, the Court granted interim protection.

Conclusion: The petitioner was granted interim relief, and further proceedings before the Chief Judicial Magistrate were stayed for eight weeks.

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