warrant cancellation

Res Agarwal Ji

Pls go through Sec 29(2) of CrPc. The lady has been sentenced for non appearance only u/s 29(2) not for whole case.

sanjeev

Res Agarwal Ji

pls read Sec. 29 instead of Sec. 29(2)

sanjeev

 Dear gentlemen,

I reproduce below Sec.29 of Cr.PC

29.  Sentences  which Magistrates may pass.  (1) The Court  of  a

 Chief  Judicial  Magistrate may pass any sentence  authorised  by  law

 except  a  sentence  of  death  or of  imprisonment  for  life  or  of

 imprisonment for a term exceeding seven years. I am still groping for an answer. What does "authorised by law" mean? There ought to be some provision in Cr.PC.

Pls read full Sec. 29

 I respectfully submit that my query still remains unanswered.  The section reproduced below in full only mentions the limitation of the magistrate in pronouncing sentence.

Sentences which Magistrates may pass.

      29.  Sentences  which Magistrates may pass.  (1) The Court  of  a  Chief  Judicial  Magistrate may pass any sentence  authorised  by  law  except  a  sentence  of  death  or of  imprisonment  for  life  or  of  imprisonment for a term exceeding seven years.

      (2)  The  Court  of a Magistrate of the first class  may  pass  a  sentence  of imprisonment for a term not exceeding three years, or  of  fine not exceeding five thousand rupees, or of both.

      (3)  The  Court  of a Magistrate of the second class may  pass  a  sentence of imprisonment for a term not exceeding one year, or of fine  not exceeding one thousand rupees, or of both.

      (4)  The Court of a Chief Metropolitan Magistrate shall have  the  powers  of  the  Court of a Chief Judicial Magistrate and  that  of  a  Metropolitan  Magistrate, the powers of the Court of a  Magistrate  of  the first class.

 I repeat that for non-appearance sections 82 and 83 are invoked. If he can impose fine for non-apperance what is the necessity for these sections? Is there any section in the Cr.PC that empowers the magistrate to impose such a fine because the accused has not appeared in a case before him for two years even though NBW was issued. Yes, surety amount is forfeited. But that is altogether a different aspect.

The power of Magistrate and CJM are well defined, why this issue?

Sec. 29(2) cleary mentions that the magistrate can impose fine upto 5000/- rupee. This fine is for one case/occasion only (ibid). The magistrate has imposed consolidated fine of Rs. 6500/- only.

I think now query is solved. Power have been cleary defined in Sec. 29

In  two years the lady sarpanch would have defied many number of summons. Multiply 5000/- with no of occasions. I think the amount is far less than the defiance made by lady accused

sanjeev 

 I beg to agree to disagree. There ought to be expression provision in law that if an accussed does not answer summons or NBW, the magistrate can impose a fine or send him to prison. 

5000 cannot be multiplied by the number of dates on which the accused was absent. The NBW was issued because she was not present on the date the NBW was issued. The interpretation that fine can be imposed of 5000 is the correct one. But see the vengeful attitude. Application was made at 11 AM. Throughout the day , the judge deferred it. At 5 PM he asked who else has come with the accused and when told that she is accompanied by her 70 year old aunt, he fined Rs 6500. Judgment of the Supreme court says that time should be given to pay the fine, it should not be excessesive.

                           Why are the courts formed? For dispensing justice. Is this justice. On the insistance of some senior members of the village, the lady agreed to be sarpanch. She became the target of antisocial elements of the other party and after deliberation , when the other party won, points to prosecute were taken out and FIR filed for breach of trust of Rs 4500 just for revenge.

                           Even otherwise , what is there to argue in an application for exemption? What law point is involved? All the facts were stated in the application. The judge should have first decided the application and then if required ,, issued NBW.

That is why Supreme Court has said , it is presumed that the Lower Judiciary will make mistakes and that is why there is a hierarchy of the courts. But what about the people who go through the grind because of .........................................

As pointed out by Mr Anil Agarwal,

Section 29.  Sentences  which Magistrates may pass.  (1) The Court  of  a  Chief  Judicial  Magistrate may pass any sentence  authorised  by  law  except  a  sentence  of  death  or of  imprisonment  for  life  or  of  imprisonment for a term exceeding seven years.

This means that the CJM could impose fine of 6500 but even if discretion is granted to the Judge, ought it not to be excercised judiciaously?

fine is exhorbitantly high. 

it may begratually increased, after few  occasions. 

The amt involved is hardly 4500/- . Considering this . minimum fine should have been imosed.

Why Court kept application for perm Exe Pending for Two years, it would have been disposed off. & not to attend court