IMPORTANT
Non-bailable warrant of arrest of a Practising Advocate in a bailable offence - Police officer arresting the accused on independence day in Public view and fellow members - Action of Public Officer seemed motivated - A fine of Rs. 2000/- imposed on the Police officer.
A. Criminal Procedure Code, Sections 70, 71 and 476 - Failure of accused to appear on date fixed for hearing - Non-bailable warrants issued - Accused a man of status (Practising Advocate) - Police Officer arresting the accused in full public view and chose Independence Day for arrest - Accused suffered unwarranted humiliation and degradation in front of his fellow members - Action of Police Officer seemed motivated - Police fined Rs. 2000/-. [Para 13] B. Criminal Procedure Code, Sections 70, 71 and 476 - Failure of accused to appear on date fixed for hearing - Non-bailable warrant to arrest the accused set aside - Held, accused was man of stature and was regularly attending the Court - Attendance of accused could have been secured by issuing summons or at best by a bailable warrant. [Para 12] C. Criminal Procedure Code, Sections 70, 71 and 476 - Failure of accused to appear in a bailable offence - Non-bailable warrant issued by Magistrate - Merely because the warrant uses the expression like "non-bailable" and that such terminology is not to be found in either Section 70 or Section 71 of the Code that by itself cannot render the warrant bad in law. [Para 21] D. Criminal Procedure Code Sections 70, 71 and 476 - Failure of accused to appear on the date fixed for hearing - Magistrate issuing Non-bailable warrant - But warrant cancelled after two days - Accused arrested because Police had no intimation of cancellation of warrant - It caused humiliation to accused who was a man of status - In order to check possibility of misuse following guidelines, inter alia, be adopted :-Format of the Register
S.No. | The number printed on the form used | Case title and particulars | Name & particulars of the person against whom warrant of arrest is issued (accused/witness) | The officer/person to whom directed | Date of judicial order directing Arrest Warrant to be issued | Date of issue | Date of cancellation, if any | Due date of return | Report returned on | The action taken as reported | Remarks |