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1970 Supreme(Ker) 1

V.R.KRISHNA IYER
SREETHARA KAMATH – Appellant
Versus
JAWALA PRASAD GUPTA – Respondent


Judgment :-

1. The petitioner, a resident of Alleppey, is the accused in a criminal case pending the court of the Additional Munsiff Magistrate (I Class) Aligarh, Uttar Pradesh. The complaint against him was filed by the managing partner of the firm, Prakash Metal Industries. The learned magistrate presumably took cognizance of the complaint under S.420 IPC. and issued process for his appearance. A bailable warrant was issued and, on furnishing a bail bond, the accused was enlarged on condition that he would be present in court on 3-12-1968. However, instead of appearing in compliance with the bond the accused merely applied for an adjournment by forwarding an application setting out that he was ill with rheumatism and could not appear unless he was given 45 days time. Whereupon the magistrate issued a non-bailable warrant for the arrest of the accused and getting to know that such a warrant had been issued to the District Superintendent of Police, Alleppey, the accused filed the present petition under S.561 A. Crl.P.C., impleading as counter-petitioners the complainant in the Aligarh Court, the District Superintendent of Police, Alleppey and the Inspector of Police, South Station,









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