On A.4's contention that a non-bailable warrant was wrongly issued upon adding him as accused instead of a summons, the Court directed surrender on bail.
Petitioner directed to surrender before Judicial Magistrate on or before 16.08.2012; release on bail with personal bond and two sureties.
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HON’BLE SRI JUSTICE SAMUDRALA
GOVINDARAJULU CRIMINAL PETITION No.5806 of 2012
ORDER:
The petitioner/A.4 is accused of offences punishable under Sections 498A and 304B IPC along with others. The police filed charge sheet against A.1 to A.3 only. After enquiry in the protest petition, the Magistrate added A.4 as accused in the case. While taking the case on file against A.4, the Magistrate issued non-bailable warrant straight away. It is contended by the petitioner’s counsel that issuing non-bailable warrant straight away should not have been resorted to by the Magistrate and the Magistrate could have issued summons to A.4, as provided in Inder Mohan Goswami v State of Uttarancha l[1] . The petitioner could have approached the lower Court and prayed for recalling of non-bailable warrant against him. The petitioner’s counsel says that A.4 apprehended that if any adverse order is passed, then he would suffer in his employment as Government Teacher.
In the circumstances, the petitioner/A.4 is directed to surrender before Judicial Magistrate of the First Class, Sircilla on or before 16.08.2012, in which event, he shall be released on bail on furnishing personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for the likesum each to the satisfaction of the same Magistrate.
The Criminal Petition is disposed of accordingly.
_______________________ SAMUDRALA GOVINDARAJULU,J
Dt. 31st July, 2012. PNV
[1] (2007) 12 Supreme Court Cases 1
2 issues framed by the court
Whether issuing a non-bailable warrant immediately upon taking A.4 on file was proper, or if summons could have been issued.
Whether the petitioner was entitled to surrender on bail within the specified timeframe.
Colour shows how this judgement treated each authority
In der Mohan Goswami v State of UttaranchaReferred¶4
A.4
State
Samudrala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
