Senior citizen petitioner challenged a non-bailable warrant. Court quashed the warrant and exempted petitioner from personal appearance until framing of charge in pending criminal case.
Exemption from personal appearance until framing of charge; quashing of non-bailable warrant.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1080 OF 2003
Indersingh S/o. Jawahar Singh .. Petitioner
Versus
Smt.Meena W/o.Jagdish Sharma
& Anr. .. Respondents.
Ms.A.G.Bhaktwani for petitioner
MrP.D.Dalvi for respondent No.1
Mr.K.V.Saste, A.P.P. for State.
CORAM : S.C.DHARMADHIKARI, J.
DATE : 1st December 2005.
P.C.
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. Heard Ms.Bhaktwani for petitioner and
Mr.Dalvi for respondent No.1, learned A.P.P. for
State.
2. Petition challenges an order passed by
the learned Magistrate issuing process and a non
bailable warrant against present petitioner.
3. It is not disputed that criminal case
No.2851 of 2002 is filed in the Court of Judicial
Magistrate, First Class, Ulhasnagar by the first
respondent herein to which the present petitioner
is arrayed as accused No.1. It is further not
disputed that petitioner is a senior citizen and
from the ration card and identity card issued by
election commission his age could be ascertained
as above 80 years.
4. In these circumstances, Ms.Bhaktwani does
not press for quashing of the complaint and the
order of the learned Magistrate issuing process
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as against petitioner. However, she submits that
the order issuing non bailable warrant be quashed
and instead petitioners be exempted from personal
appearance.
5. In my view, the inherent powers conferred
upon this Court are essentially to do justice and
prevent abuse of the process of court. Even if
it is not possible to interfere and set aside the
order issuing process, yet, in peculiar facts and
circumstances, this Court can issue direction to
the learned Magistrate to grant exemption from
personal appearance to the accused like present
petitioner. Accordingly, petitioner is exempted
from appearing in person during the course of
trial of the criminal case No.2851 of 2002
pending in the court of Judicial Magistrate,
First Class Ulhasnagar. Other relief is not
pressed. All contentions on merits are expressly
kept open and it would also be open for
petitioner to urge that there is no case made out
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against him. The order passed by this Court
granting exemption from personal appearance in
criminal case is upto the stage of framing charge
and once the Court proceeds with the trial, it is
for the petitioner to approach learned Magistrate
to pass appropriate orders in accordance with
law.
(S.C.DHARMADHIKARI, J)
1 issue framed by the court
Whether an 80-year-old senior citizen accused can be exempted from personal appearance while an issued non-bailable warrant remains in force.
1 provisions across 1 enactments
Indersingh S/o. Jawahar Singh
Smt. Meena W/o. Jagdish Sharma
S.C. DharmaDhikari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court