JUDGEMENT
-
(1.) Leave granted.
(2.) Sometimes one would come across strange orders passed, depicting very unhappy state of affairs. The case in hand is one of such cases. It appears that the appellant before us filed an appeal, Criminal Appeal No. 356 of 1981 in the High Court against the acquittal of the respondents who were acquitted after their trial. As it is evident from the number assigned to that appeal, it may have been filed sometime in 1981. On 9-10-2002 an order was passed by the High Court which we quote below:
"Case called out in the revised list. Neither the appellant nor her counsel is present. Issue bailable warrant against the appellant, in the event of her being arrested. She will be produced before the CJM, Aligarh, who will release her on bail on furnishing a personal bond with two sureties each in the like amount of Rs 20,000 to the satisfaction of CJM, Aligarh. The CJM, Aligarh will submit photocopies of the personal bond and security bond to this Court within four weeks. "
(3.) The above order seems to have been passed unmindful of the fact that the appellant was not an accused but a complainant who had preferred an appeal against acquittal. In case the appellant was not present, there may have been other options but certainly not for arrest of the complainant appellant who was complaining against the acquittal of some accused persons. The appellant approached this Court and on 25-4-2003 an order was passed to the following effect:
"The Registry to obtain information from the Registrar, Allahabad high Court, with regard to reasons for issuing bailable warrants against the petitioner. ";
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.