SOM NATH Vs. KAPIL SHANKAR

JUDGEMENT

(1.) Present petition has been preferred by the petitioners, under Section 482 of Cr.P.C. for quashing of order dated 15.3.2019 passed by learned Additional Sessions Judge-1, Solan, District Solan, H.P., in Criminal Revision No. 17-S-10/2018, titled as Kapil Shankar Vs. Som Nath & others, whereby learned Additional Sessions Judge-1, Solan, has issued non-bailable warrants against the petitioners in order to ensure their service, to provide them opportunity of being heard, in Criminal Revision preferred by respondent.

(2.) It is contended on behalf of the petitioners that learned Additional Sessions Judge-I, Solan, has issued notice and non-bailable warrants in a routine manner without going through facts of the case. Even, prima face, no notice and criminal action is warranted against the petitioners for securing their presence in a revision petition filed against dismissal of complaint by the trial Magistrate before issuance of notice and taking cognizance against them and further that order of issuing notice to petitioners passed by learned Additional Sessions Judge, is undated which establishes casual approach adopted by learned Additional Sessions Judge. It is also contended on behalf of petitioners that power of ensuring presence of a party, by issuing non-bailable warrants, should be exercised sparingly and with application of judicial mind, after giving due regard to the nature of offence, position of the accused persons and circumstances of the case, as issuance of warrant involves interference with personal liberty of a person. According to him, for deciding the revision petition, pending before learned Additional Sessions Judge Solan, presence of petitioners, respondents therein, is not warranted as revision is against the order whereby the complaint filed by the respondent-complainant has been dismissed by the trial Court at the stage of pre-cognizance.

(3.) On behalf of petitioners, learned counsel representing them, to substantiate their stand, has placed reliance upon a judgment of the High Court of Delhi, in Criminal Revision Petition No. 16 of 2008, decided on 12.2.2009, titled as Tata Motors Limited Vs. State, by referring following paras:-