UNION OF INDIA Vs. ADDITIONAL CHIEF METROPOLITAN MAGISTRATE

JUDGEMENT

(1.) LEARNED GOVERNMENT PLEADER TAKES NOTICE FOR THE RESPONDENT.

(2.) THE OFFICE OBJECTIONS ARE WAIVED.

(3.) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTIONS 397 AND 401 of THE CR. P. C. TO SET ASIDE THE ORDER OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE, DATED 31-5-2002 IN RESPECT OF PRELIMINARIES OF THE COURT-MARTIAL PROCEEDINGS HELD AT SECUNDERABAD. A WITNESS staying IN BANGALORE IS REQUIRED FOR EXAMINATION. THE SUMMONS WERE issued TO THE WITNESS THROUGH MAGISTRATE UNDER THE PROVISIONS OF SECTION 135 (3) OF THE ARMY ACT. THEREFORE, THE ASSISTANT JUDGE, ADVOCATE GENERAL, HEADQUARTERS, SOUTHERN COMMAND, MADE A REQUEST TO CHIEF METROPOLITAN MAGISTRATE FOR ISSUANCE OF WARRANT OF ARREST TO THE WITNESS. IN respect OF THE SAID REQUEST, THE ADDITIONAL CHIEF METROPOLITAN MAGISTRATE PASSED AN ORDER HOLDING THAT THE COURT BY ITSELF CANNOT ISSUE ANY warrant OF ARREST. THE MILITARY AUTHORITIES CAN ISSUE WARRANT OF ARREST against THE WITNESS AND FOR EXECUTION OF THE SAID WARRANT OF ARREST, THE court WILL RENDER ITS ASSISTANCE. HOWEVER, THE COURT DECLINED TO ISSUE warrant OF ARREST BY ITSELF AND THUS REJECTED THE REQUEST. BEING AGGRIEVED, THE PRESENT REVISION PETITION IS FILED.