1. Heard learned advocates appearing for the parties.
2. This petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code is filed with a prayer to quash and set aside non-bailable warrant in M. Case No. 9 of 2010 in Criminal Case No. 4173 of 2011 by learned Principle Civil Judge and JMFC, Savli for the offences punishable under Section 504, 506(2) and Section 3(1) (10) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "the Act of 1989").
3. At the outset, learned advocate for the petitioner relying on the law on the subject submitted that before issuing non-bailable warrant learned Magistrate ought to have explored the possibility of securing presence of the petitioner by taking recourse to every means available under the Code, since the petitioner herein was neither absconding nor summoned to remain present. Further, the petitioner is serving as Circle Inspector in the service of State of Gujarat. It is, therefore, submitted that the petitioner would like to obey the order but the said non-bailable warrant issued requires to be converted into bailable and compliance will be reported on 15.2.2012 before the learned JMFC, Savli in above M. Case No. 9 of 2010.
4. I have heard learned advocate appearing for the complainant as well as APP.
5. Considering the facts and circumstances of the case and on perusal of the material and record, it appears that the petitioner herein was not earlier summoned and further that he had not disobeyed any order or direction of the Court below and on earlier occasion before initiating or taking the action of issuing non-bailable warrant learned Magistrate ought to have explored and resorted to the issuance of summons or bailable warrant.
6. In view of the above, I am inclined to convert the impugned non-bailable warrant into bailable warrant and the petitioner may appear before the learned JMFC, Savli, on 15.2.2011.
7. This petition is allowed to the aforesaid extent.
8. Direct service is permitted.
[ANANT S. DAVE, J.] //smita// Top