Kumari Pushpa Shankar Sapkal Vs the State of Mah and Anr.

1 CriApln 1122/12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 1122 OF 2012

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Pushpa d/o Shankar Sapkal

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Applicant

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V E R S U S

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The State of Maharashtra & Anr.

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Respondents

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Shri S.B. Talekar, Advocate for the applicant
Shri S.B. Pulkundwar, APP for the respondents/State

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CORAM : A.V.NIRGUDE, J. DATE : 17^th April, 2012

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PER COURT :

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1.This unfortunate criminal application is moved
by a Judicial Officer working as Civil Judge, Senior
Division, at Ahmednagar. This officer is facing a
criminal case since 2003. This criminal case is filed
against her on the direction of the Caste Scrutiny
Committee which inter alia held that the caste
certificate produced by the applicant before them for
verification was a forged document. This order was
passed in the year 2000. The applicant promptly
challenged the entire order of the Caste Scrutiny
Committee in this Court by filing a Writ petition.

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While the writ petition was pending, the criminal
case was filed and remained pending.

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CriApln 1122/12

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2.A copy of roznama/record of the Criminal case
was shown to me. I found that though process was issued
against the applicant it was not served on her though she
was attending her duty as a judicial officer. So the
Court was waiting for service of summons for quite some
time. But on 5th March, 2008, suddenly the learned
magistrate conducting the said issued non-bailable-
warrant against the applicant although on earlier date
record showed that the summons issued to her was not
served on her. Even the non-bailable-warrant issued in
such fashion remained pending and was not served on the
applicant. The applicant says she personally attended
the Court on 1st February, 2011. She represented to the
learned Magistrate in writing that the warrant issued
against her might be withdrawn and the case against her
should be dismissed. She further mentioned that the writ
petition, she had filed against the order of the Scrutiny
Committee, was in the mean time, on 9th December, 2010,
was allowed and the case was remanded back to the
Scrutiny Committee and that this Court specifically held
that the caste certificate in question was not a forged
document.

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3. Even on that day it seems the warrant was not
executed on her and it is shown on record that the
warrant was still unready.

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CriApln 1122/12

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4.Now, she has approached this Court with an
apprehension that the warrant would be executed against
her, she would be taken in custody and would be
humiliated though the is no fault on her part. Indeed,
this apprehension is quite realistic, because the learned
Magistrate, who is handling the criminal case does not
appear aware of the progress made in the case. He is not
probably not aware that his court had issued non-
bailable-warrant against his colleague, a judicial
officer, although even summons was not served on her and
although she had made an application to him long back
seeking cancellation of the warrant. Soon after the
applicant made her application on 1st February, 2011 the
learned Magistrate ought to have decided her application
on merits. Instead of doing that, it seems, he is
allowing the police to put pressure on the applicant.

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5.This in my view is very unusual and unsavory
situation and so I think this Court should intervene to
protect the applicant. Generally I would not have
intervened in a case issuance of NBW, as an application
for cancellation of the same could be moved directly to
the Magistrate who had issued it. For such a small relief
we do not expect the parties to come and approach the
High Court. But, since the applicant’s application for
cancellation of warrant is not considered for last more
than one year, I am inclined to intervene for
cancellation of the warrant.

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4 CriApln 1122/12

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(1) Application is allowed. (2) The non-bailable-warrant issued against the applicant is cancelled.

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(3) Learned Magistrate, Jalgaon shall decide the case R.C.C. No.725 of 2003 on merits as soon as possible.

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 ( A.V.NIRGUDE, J. )

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SRM/17/4/12

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***

Kumari Pushpa Shankar Sapkal v. the State of Mah and Anr.

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Kumari Pushpa Shankar Sapkal v. the State of Mah and Anr.

Case brief

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