Inder Mohan Goswami & Another vs State of Uttaranchal - Important Supreme Court Case 2007

 Inder Mohan Goswami & Another vs State of Uttaranchal - Important Supreme Court Case 2007


On 9th October, 2007, a three Judges Bench in Inder Mohan Goswami & Another vs State of Uttaranchal & Others [Criminal Appeal No.1392 of 2007] held that the Courts should be "extremely careful before issuing non-bailable warrants." The Bench held that non-bailable warrant "should be issued to bring a person to Court when summons of bailable warrants would be unlikely to have the desired result". It said that this "could be when it is reasonable to believe that the person will not voluntarily appear in Court; or the police authorities are unable to find the person to serve him with a summon; or it is considered that the person could harm someone if not placed into custody immediately."


The Bench held that in "complaint cases, at the first instance, the Court should direct serving of the summons along with the copy of the complaint. If the accused seem to be avoiding the summons, the Court, in the second instance should issue bailable-warrant. In the third instance, when the Court is fully satisfied that the accused is avoiding the court's proceeding intentionally, the process of issuance of the non-bailable warrant should be resorted to."


The Bench observed that "personal liberty is paramount", and therefore, the "Courts at the first and second instance" should "refrain from issuing non-bailable warrants."

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

Comments

Popular posts from this blog

100 Questions on Indian Constitution for UPSC 2020 Pre Exam

संविधान की प्रमुख विशेषताओं का उल्लेख | Characteristics of the Constitution of India

भारतीय संविधान से संबंधित 100 महत्वपूर्ण प्रश्न उतर