VIKAS versus STATE OF RAJASTHAN

VIKAS versus STATE OF RAJASTHAN

In complaint cases, at the first instance, the court should issue summons or bailable warrant to secure attendance; non-bailable warrant is justified only if those means are unlikely to succeed. The issuance of non-bailable warrant against the appellant was not warranted on the facts and impairs personal liberty. The order of the Trial Court and High Court is modified—summons to be issued instead.

Parties
Appellant: Vikas; Respondent: State of Rajasthan
Jurisdiction
India
Judgment Date
16 August 2013
Procedural Posture
Criminal Appeal / Appeal Against Order of High Court Dismissing Petition Under Section 482 Cr PC
Outcome
Appeal disposed of. Orders of the courts below modified.
Legal Topics
Issuance of Warrants, Section 319 Cr PC, Personal Liberty, Attendance of Accused, Trial Procedure
Criminal Law Issuance of Warrants Section 319 Cr PC Personal Liberty Attendance of Accused Trial Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 6 Party arguments 1
Sign in to unlock

Parties

Vikas

Appellant

State of Rajasthan

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Order of High Court Dismissing Petition Under Section 482 Cr PC

Legal Issues

  1. 1 Whether the attendance of the appellant could have been best secured by issuing a summon or bailable warrant instead of a non-bailable warrant in an application under Section 319 CrPC

Ratio Decidendi

In complaint cases, at the first instance, the court should issue summons or bailable warrant to secure attendance; non-bailable warrant is justified only if those means are unlikely to succeed. The issuance of non-bailable warrant against the appellant was not warranted on the facts and impairs personal liberty. The order of the Trial Court and High Court is modified—summons to be issued instead.

Court Disposition

Appeal disposed of. Orders of the courts below modified.

Orders

  • Direction that summons be issued to the appellant for his appearance instead of non-bailable warrants.