Suresh Kait, J.

Crl.M.A. No.3868/2016 (for exemption)

Exemptions allowed, subject to all just exceptions.

Accordingly, the application is allowed.

Crl. M.C. No.923/2016

1. Vide the present petition, the petitioner has prayed as under:-

“a) Recall the order dated 18.02.2016 and 22.02.2016 and cancel the NBW issued against the Petitioner;

b) Expunged the observation made against the counsel for an accused;

c) Allow the examination of witness u/s 311 without any constraint;

d) Pass an order to direct the Respondent to pay Rs.34 Lakhs paid by the Petitioner qua the settlement recorded before the ld. Trial Court;

e) Quash the complaint as the Respondent has committed fraud on the court.”

2. The present petition is filed on the ground that the learned Trial Court has erred in passing the impugned orders as NBWs cannot be issued as a measure of punishment. It is only for disciplining the court proceedings, however, it has nothing to do with the merits of the case. As per the High Court Rules and Orders, it has been stated that warrants should not be issued unless absolute necessary. Great care should be taken not to issue a warrant when summon should be sufficient for the ends of justice.

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