2021 (6) TMI 403

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....ased to admit and allow this application. (II) Be pleased to quash and set aside the issuance of non-bailable warrant issued pursuant to the impugned order dated 21.01.2021 below Exh. 1 in PMLA Case No. 1 of 2021 passed by the learned Designated Judge under the Prevention of Money Laundering Act, 2002 and Principal District Judge, Ahmedabad (Rural), Mirzapur, Ahmedabad. (III) Be pleased to direct the Ld. Trial Court to mark the appearance of the applicant either in person on Video-conference facility on the subsequent next returnable dates and/or through his advocate. Interim relief: (IV) During the pendency of the present application, be pleased to stay further consequential steps like issue or re-issuance of warrants or service of....

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....rily appear in court; or the police authorities are unable to find the person to serve him with a summon; or it is considered that the person could harm someone if not placed into custody immediately. As far as possible, if the court is of the opinion that a summon will suffice in getting the appearance of the accused in the court, the summon or the bailable warrants should be preferred. The warrants either bailable or non-bailable should never be issued without proper scrutiny of facts and complete application of mind, due to the extremely serious consequences and ramifications which ensue on issuance of warrants. The court must very carefully examine whether the Criminal Complaint or FIR has not been filed with an oblique motive. ....