D.K. Jain, J. - (1.) Leave granted
(2.) This appeal, by special leave, is directed against the judgment and order dated 26th November 2007, rendered by the High Court of Judicature at Bombay, in CRL. W.P.No. 1086/2002. By the impugned judgment, while allowing the writ petition filed by the Appellant, alleging harassment on account of his arrest on the strength of a non-bailable warrant, which had been cancelled, the High Court has directed the delinquent police officer to pay by way of costs to the Appellant an amount of Rs. 2,000/- from his own account.
(3.) Shorn of unnecessary details, the facts material for adjudication of the present case, may be stated thus: Some time in the year 2000, one, Mr. Prem Harchandrai filed a complaint, being C.C. No. 163/P/2000, against the Appellant, a practicing Advocate, under Section 324 of the Indian Penal Code, 1860 (for short "the Indian Penal Code"), in relation to some incident alleged to have taken place in the Radio Club at Mumbai, considered to be a club for the elite. When at a preliminary stage, the case came up for hearing before the Additional Chief Metropolitan Magistrate on 7th August, 2002, finding the Appellant to be absent, the Court issued a non-bailable warrant against him returnable on 31st October, 2002. The warrant was forwarded to the Colaba Police Station for execution. However, on 12th August, 2002, on Appellants putting in an appearance before the Court, the warrant was cancelled. ;