No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C-528 No. 262 of 2025 Hon’ble Alok Mahra, J. Mr. Amanjot Singh Chadha, learned counsel for the applicant and Mr. Deepak Bisht, learned D.A.G. for the State. 2. Applicant has filed the present C-528 application challenging the order dated 19.12.2024, whereby, under Section 82 Cr.P.C., proceedings were initiated by the learned court below. It is pertinent to mention here that the learned court below was constraint to pass this order as vide order dated 03.10.2024, the court below have issued non-balaible warrants against the applicant and the case was listed on several dates, but, the applicant failed to appear before the Court and as such the order dated 19.12.2024 was passed. 3. Learned counsel for the applicant submits that the last date fixed in the matter was 22.10.2024 and on that date, the complainant as well as the applicant, both were not present and without first issuing bailable warrants, learned court below directly have issued non-bailable warrants. Learned counsel further submits that due to personal difficulty, the applicant could not appear before the court below. 4. The Hon’ble Apex Court in the case of Inder Mohan Goswami and Another Vs. State of Uttaranchal and Others, (2007) 12 SCC 1, has observed as hereunder:- “54. In complaint cases, at the first instance, the court should direct serving of the summons along with the copy of the complaint. If the accused seem to be avoiding the summons, the court, in the second instance should issue bailable- warrant. In the third instance, when the court is fully satisfied that the accused is avoiding the courts proceeding intentionally, the process of issuance of the non-bailable warrant should be resorted to. Personal liberty is paramount, therefore, we caution courts at the first and second instance to refrain from issuing non- bailable warrants. 55. The power being discretionary must be exercised judiciously with extreme care and caution. The court should properly balance both personal liberty and societal interest before issuing warrants. There cannot be any straight-jacket formula for issuance of warrants but as a general rule, unless an accused is charged with the commission of an offence of a heinous crime and it is feared that he is likely to tamper or destroy the evidence or is likely to evade the process of law, issuance of non-bailable warrants should be avoided.” 5. Though, this Court has observed that the conduct of the applicant is not very diligent, but, purely, in the interest of justice, the applicant is granted liberty to approach before the court below, for taking whatever legal and remedial resources, available to him, as per law. 6. In such view of the matter, the proceedings initiated against the applicant under section 82 Cr.P.C. vide order dated 19.12.2024 passed by Judicial Magistrate, Uttarkashi, in Criminal Case No. 155 of 2020, shall be kept in abeyance, subject to the condition that the applicant will appear before the concerned Court on the next date fixed by concerned court. 7. With the above observation, the present C-528 application stands disposed of. (Alok Mahra J.) 10.03.2025 Ujjwal