The Trial Courts should not issue NBWs against a person on first call in the pre-lunch hours of the Court, except when there are genuine apprehensions that the person would abscond if not taken intocustody. Such coercive steps should be taken only post 12:30 PM.

1Dec, 2023

The Trial Courts should not issue NBWs against a person on first call in the pre-lunch hours of the Court, except when there are genuine apprehensions that the person would abscond if not taken intocustody. Such coercive steps should be taken only post 12:30 PM.

Date of decision: 21st November, 2023
FAHIM VS STATE
CORAM:
HON’BLE MR. JUSTICE AMIT BANSAL

The Trial Courts should not issue NBWs against a person on first call in the pre-lunch hours of the Court, except when there are genuine apprehensions that the person would abscond if not taken intocustody. Such coercive steps should be taken only post 12:30 PM.
ii. In situations where warrants, either bailable or non-bailable, are issued and the person appears before the Court during the course of the Court hours, the Courts should assess if the reason of non- appearance of the person was reasonable and if warranted, costs may be imposed.
iii. If the person is present through his authorized Advocate, warrants for appearance of the person should be issued only in exceptional circumstances, with reasons for the same being recorded in writing, especially where an application seeking exemption from personal appearance has been filed on behalf of the person.
iv. If an application for cancellation of NBWs due to non-appearance of the parties is filed shortly after the issuance of NBWs, the Trial Court should expeditiously consider the said application.

Relevant Paras:

3. I have heard counsels for the parties and perused the material on record.
4. Rule 3, Part C (i), Volume III, Chapter 1 of the Delhi High Court Rules states that issuance of warrants interferes with the personal liberty of a person and the Magistrate should take care that no greater hardship than is necessary is caused to the person concerned.
5. A Co-ordinate Bench of this Court in Afzal Ahmad v. State, 2022 SCC OnLine Del 256, has observed that the Trial Court should not have issued NBWs against the petitioner on account of non-appearance of the petitioner in the early hours of the day.
6. Another Co-ordinate Bench of this Court in Naresh Kumar v. State, (2006) 131 DLT 678, held that the Trial Courts should not take an extreme step of issuing NBWs during the first call and in the pre-lunch hours of the day.
7. This Court is in full agreement with the aforesaid views taken by the Co-ordinate Benches. On a lot of occasions due to variety of reasons, including the traffic situation in the city, various parties are unable to reach the Court when the matter is called for the first time, but reach later.

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Fahim vs State Delhi High Court judgment the law literates

The Trial Courts should not issue NBWs against a person on first call in the pre-lunch hours of the Court, except when there are genuine apprehensions that the person would abscond if not taken intocustody. Such coercive steps should be taken only post 12:30 PM.

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