TaxTMI 
TaxTMI 
2004 (5) TMI 573
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....s who would supply the necessary information in respect of the commission of an offence and would be examined as witnesses in the inquiry or trial therefor. This Section applies only to the cases of persons who appear to be acquainted with the circumstances of the case, i.e. the witnesses or possible witnesses only. An order under this Section cannot be made requiring the attendance of an accused person with a view to his answering the charge made against him. The intention of the legislature seems to have been only to provide a facility for obtaining evidence and not for procuring the attendance of the accused, who may be arrested at any time, if necessary. In other words, this Section has reference to the persons to be examined as witness....
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.... Court, in the present case, while dealing with the revision has not only set aside the order granting police custody, but has held that the consequent confession and the alleged recovery have no evidentiary value in the case. In other words, what has got to be decided in a full-fledged trial, the High Court merely on the pleadings of the parties has given a finding that the order granting police custody and the consequent confession and the alleged recovery had no evidentiary value whatsoever in the case. The learned single Judge has also given a finding that records were created to implicate the respondent-Joy Immaculate in the case. Needless to state that any further investigation in the case permitted by the learned Judge would be an ex....
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....s committed a grave error in awarding a compensation of Rs. 1 lakh on the ground that the police personnel committed acts of obscene violation, teasing the respondent herein. The learned Judge has relied upon only on the basis of the affidavit filed in the case for coming to the conclusion and also on the basis of the assumption that the respondent was not involved in the incident which will foreclose the further enquiry ordered by the learned Judge in the matter. There is no justification for awarding compensation to a person who is facing prosecution for a serious offence like murder even before the trial has started. The learned Judge has also directed to take immediate departmental action against P-1 Inspector of Police and P-4 Inspect....
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....ministration of justice as they are to the effectiveness of the army. The duty of restraint, this humility of function should be a constant theme of our Judges. This quality in decision making is as much necessary for Judges to command respect as to protect the independence of the judiciary. Judicial restraint in this regard might better be called judicial respect; that is, respect by the judiciary. Respect to those who come before the Court as well to other coordinate branches of the State, the Executive and Legislature. There must be mutual respect. When these qualities fail or when litigants and public believe that the judge has failed in these qualities, it will be neither good for the judge nor for the judicial process." This Court,....