Court : Rajasthan Jaipur
Decided on : May-13-2011
..... the other person against whom action has not been taken.11. in the case of kailash v. state of rajasthan & anr. [(2008) 14 scc 51], the hon'ble supreme court has held as under :a glance at the provisions (of sec. 319 cr.p.c.) would suggest that during the trial ..... of non-bailable warrants involves interference with personal liberty. arrest and imprisonment means deprivation of the most precious right of an individual. therefore, the courts have to be extremely careful before issuing non-bailable warrants.49. just as liberty is precious for an individual so is the interest of the ..... no cogent reason has been assigned for issuing the process against sanjay @ chidia. merely because few of the witnesses have named him, the learned trial court should not ipse dixit issue the process against the petitioner. in fact, it should have sifted the evidence to at least ascertain the identity of the ..... samal & anr. [(1979) 3 scc 4] to dilawar balu kurane v. state of maharashtra [(2002) 2 scc 135], the apex court has opined that the judges should neither act as a mouthpiece of the prosecution, nor as a post office for the prosecution. in fact, both the constitution and the criminal procedure code expect ..... the judge to play a pro-active role during the court proceeding. the judge is neither a mute witness, nor a .....Tag this Judgment!