RAMCHANDRA SINGH Vs. SANTOSH KUMAR AND ANR

JUDGEMENT

(1.) Heard counsel. This is first application under section 438 Cr.P.C. The applicant apprehends his arrest in connection with Case No. 1060/2013 registered under section 420 IPC. The offence has been registered against the applicant on the basis of a private complaint. The allegation against the applicant is that he had purchased a land and thereafter sold the land after dividing it in plots, but he had not given any percentage of benefit to the complainant. The case was registered on a private complaint.

(2.) Hon'ble the Supreme Court in Inder Mohan Goswami Vs. State of Uttaranchal, 2008 AIR(SC) 251 has held as under in regard to issuance of non-bailable warrant if the case is registered on the basis of a private complaint:

(3.) Looking to the law laid down by Hon'ble the Supreme Court, in my opinion, issuance of non-bailable warrant by the Court is contrary to law.