Avoid unnecessary summoning of accused

Directing lower courts to avoid the practice of summoning accused or issuing non-bailable arrest warrants (NBWs) unnecessarily, the Madras High Court Bench here has said: “Courts are entitled to compel the appearance of the accused in criminal cases but such insistence should not be for the mere pleasure of the accused being seen in the dock.”

Justice S. Vimala made the observation while setting aside a NBW issued by a Judicial Magistrate at Peraiyur near here on May 24 against Felix Suresh Peter, Inspector of Police, Nanguneri Circle in Tirunelveli district.

The warrant had been issued after dismissing a petition filed by him to condone the absence due to his preoccupation with law and order problems in Nanguneri.

Pointing out that the Magistrate had allowed a similar condonation petition filed on the same day for the absence of the complainant V. Radhakrishnan, who had accused the Inspector of having assaulted him besides confining him wrongfully, the judge wondered why did the judicial officer dismiss the Inspector’s petition alone when there was no likelihood of proceeding with trial.

“The very existence of courts is for dispensation of justice. The process of courts should not be used for harassment of parties. The insistence on appearance of parties before the court should be made only if it becomes absolutely necessary for some purpose… To insist on appearance of an accused on a day when his presence has nothing to do with the progress of the case will only result in harassment.

“A court is expected to take into account various factors such as nature and seriousness of the offence, character of the accused, the possibility of the accused absconding, circumstances peculiar to the accused under which he is not likely to abscond and also the larger interest of the society,” before issuing arrest warrants to ensure their presence in the court, the judge said.