2004 (1) TMI 730

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tia, Adv., Mr. Pramod Swarup, Adv. ORDER 1. Leave granted. 2. Sometimes, one would come across strange orders passed, depicting very unhappy state of affairs. The case in hand is one of such cases. It appears that the Appellant before us filed an appeal, Criminal Appeal No. 356 of 1981 in the High Court against the acquittal of the Respondents who were acquitted after their trial. As it i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ainant who had preferred an appeal against acquittal. In case the Appellant was not present, there may have been other options but certainly not for arrest of the complainant Appellant who was complaining against the acquittal of some accused persons. The Appellant approached this Court and on 25.4.2003 an order was passed to the following effect: The Registry to obtain information from t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... is quoted below: None is present for the Appellant though called twice. Shri P. Dikshit is present for the Respondent. Issue non-bailable warrant of arrest of Appellant Omwati. The Chief Judicial Magistrate, Aligarh will execute the same and submit compliance report within two months. List thereafter. 5. It appears, perhaps nothing may have been available on the file nor was ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....en that the Appellant was taken into custody and had to remain in jail for some time, may be for a few days, but without any justification whatsoever. She suffered in view of the total non-application of mind at the stage of passing of the two impugned orders. Some degree of care is supposed to be taken before passing an order of issue of warrants, bailable or non-bailable. Such orders cannot stan....