Magistrate to record satisfaction of service of summons while issuing bailable/non-bailable warrants.

Magistrate to record satisfaction of service of summons while issuing bailable/non-bailable warrants.

Smt Usha Jain And Anr vs State Of UP And Anr

Allahabad HC

29/05/2018

APPLICATION U/S 482 No. - 19037 of 2018

About/from the judgment:

Magistrate must record satisfaction of service of summons while issuing bailable/non-bailable warrants.

 

It is very unfortunate state of affairs at the end of the Judicial Magistrate that before proceeding to issue bailable warrant, no satisfaction is recorded regarding effective service of summons against the accused persons, which should be a condition precedent for issuing bailable warrant. In the absence of any such satisfaction being recorded, the issuance of bailable and nonbailable warrant is not justified.

 

Laxity on the part of either Judicial Officers or on the part of police administration is a serious issue and calls for an immediate action. I, therefore, direct that the Judicial Magistrates will ensure strict compliance of the circular letter dated 20th August, 1998 (supra) mandatorily.

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