Rajasthan High Court Seeks Explanation From CJM For Sending Accused To Custody Despite HC Converting Non-Bailable Warrant To Bailable One
Case Title: Ramesh Kumar Mehta v. State Of Rajasthan
Case No.: S.B. Criminal Misc. Appeal No. 47/2023
Decided on: 04/07/2023
Coram: HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Facts of the case:
The accused was booked for kidnapping a school girl in 2011 under Sections 363, 366, and 342 of the IPC. Upon taking cognizance, an arrest warrant was issued against him. The accused, who is a resident of Bihar, subsequently entered into a compromise, and a petition to quash the case was filed.
After considering the plea, the High Court converted the non-bailable arrest warrant into a bailable one.
The counsel for petitioner, Advocate Milap Chopra submitted that such deliberate and willful disobedience of the concerned judicial officer need to be taken note of and appropriate action be initiated against the concerned judicial officer.
Judgement:
This Court is conscious of the fact that the right of liberty which has been violated in the present case is held in the highest pedestal being enshrined in Article 21 of the Constitution of India. Safeguarding the liberty against any illegal detention has to be dealt with in an effective manner. The consequences in curtailment of liberty contrary to law have to follow.
However, before contemplating any adverse order against the Chief Judicial Magistrate, this Court deems it appropriate to take the stand of the Chief Judicial Magistrate on record, and thus, the Registry is directed to call for an explanation from the learned Chief Judicial Magistrate, Banswara, who has passed the order in question, as to under what circumstances, he has flouted the order of this Court, while sending the petitioner/applicant in custody even when the arrest warrant had already stood converted by this Court into bailable warrant. The explanation be immediately called for and be filed through the Registrar (Judicial) of this Hon’ble Court under the signature of the concerned officer supported by an affidavit. A copy of this order shall be placed before the Registrar (Judicial) of this Hon’ble Court today itself by the Court Master for the necessary compliance. The Registrar (Judicial) alongwith copy of this order shall also forward a copy of application filed as well as proceedings under Section 482 Cr.P.C. before this Court alongwith all the documents, to the learned Chief Judicial Magistrate, Banswara to enable him to submit his explanation along with the affidavit on or before 17.07.2023.
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Written by: Mahima Saini