Breaking News
1. Massive fire at Varanasi railway station parking, over 200 vehicles gutted      2. First Sambhal, Then Ajmer: Ex-CJI Chandrachud Under Fire For ‘Opening Floodgates’ Of Survey Pleas      3. Chennai Airport Shut, Trains Hit As Cyclone Fengal Intensifies      4. 2nd Hindu Priest Arrested In Bangladesh Amid Protests: ISKCON Member      5. Man climbs mobile tower in Kota, threatens suicide over his tractor seizure      6. Body of 2-year-old, his grandmother recovered from river in Manipur      7. Bodies of six abducted in Jiribam found; Kerala CM and UDF leaders argue over BJP defection      8. Several flights, trains disrupted as Delhi covered in smog, visibility down      9. Delhi air quality: AQI at this Delhi station above 1500      10. Pawan Kalyan condemns deaths of 2 Hindu girls in Pakistan who faced ‘atrocities’      11. India not to travel to Pakistan for Champions Trophy, wants its matches in Dubai      12. India not to travel to Pakistan for Champions Trophy, wants its matches in Dubai      13. Samosas, cakes meant for Himachal Pradesh CM Sukhu served to his security staff instead; CID probe on      14. We remain undeterred: Australian outlet on Canada's ban after Jaishankar presser      15. 'We Are Here Only As Pilgrims, Do Our Work & Leave': CJI DY Chandrachud Bids Farewell To Supreme Court      16. PM Narendra Modi slams NC-Cong's Article 370 resolution: 'Conspiracy against Kashmir'      17. IPL Auction: James Anderson registers for first time      18. Sharda Sinha dies: Huma Qureshi, Manoj Bajpayee, and others grieve singer's death      19. Man shot in gang war outside Raipur jail, sparks outrage over security lapses      20. After MK Stalin, Udhayanidhi warns Vijay, TVK: Only DMK will win in 2026     
  1. Home
  2. News

Rajasthan High Court Rebukes Magistrate For Not Providing Order Copy To Accused

  • Posted on July 27, 2023
  • News
  • By Sunshine
  • 326 Views
Rajasthan High Court


The Rajasthan High Court has intervened in a case where a Judicial Magistrate denied an accused a certified copy of an order and issued an arrest warrant against him. The court deemed the condition imposed by the Magistrate as absurd and a violation of natural justice.

The accused had sought a certified copy of the order, dated May 4, 2023, along with statements of witnesses, the protest petition, and the statement under Section 161 of CrPC. However, the Magistrate stipulated that the accused could only inspect and apply for the certified copies once in custody.



High Court
High Court of Rajasthan


In response, Justice Manoj Kumar Garg denounced the Magistrate's action, highlighting that it denied the accused knowledge of evidence used against him while the prosecution could take advantage of the investigation and statements. The court contended that such conduct was unjust and contrary to principles of natural justice.


The petitioner's counsel argued that the police had filed a negative Final Report, indicating that no case was made against the petitioner. Despite this, the Magistrate took cognizance of the offense and issued an arrest warrant based on the complainant's protest petition.


Rajasthan's High Court
Case Issue at High Court in Rajasthan


The Rajasthan High Court ordered the Judicial Magistrate, Nohar, to provide the petitioner with the requested documents, including the certified copy of the May 4, 2023 order. Furthermore, the Magistrate was directed to furnish an explanation within three weeks for denying the issuance of the certified order copy and the requested documents.


While the court declined to interfere with the order of cognizance, it converted the arrest warrant into a bailable warrant of Rs. 30,000 due to the previous negative final report filed by the police. The court instructed the petitioner to appear before the court within 15 days and submit bail bonds. Upon fulfilling this requirement, the trial court would release the petitioner on bail. However, failing to appear within the specified period would result in the issuance of an arrest warrant.


The matter is scheduled for a follow-up hearing on August 22. The Rajasthan High Court's intervention seeks to rectify the Magistrate's unjust denial and uphold principles of fairness and transparency in the legal process.


For more updates keep visiting our website www.topstoriesworld.com   where we provide unbiased, true and top stories of the world.

Author
No Image
Sunshine

You May Also Like