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DV case: Man fails to turn up in court, arrested

 

SOURCE - https://articles.timesofindia.indiatimes.com/2011-07-27/pune/29820393_1_arrest-warrant-domestic-violence-case-court-of-judicial-magistrate

 

 

 

Domestic violence case: Man fails to turn up in court, arrested

 

 

PUNE: The Swargate police on Monday night arrested a man on a non-bailable warrant issued by a magisterial court, seeking his presence in a domestic violence case.

On Tuesday, he was produced in the court of judicial magistrate first class Umeshchandra More, who ordered his release on a personal bond of Rs 10,000.

The man, his mother and brother, are respondents in the case filed by the man's wife (names withheld), seeking compensation under the Protection to Women from Domestic Violence Act, 2005.

 

 

On Monday, when the case came up for hearing, the husband did not turn up before court. Lawyer Vijay Supekar, representing the woman, filed a plea to issue a warrant against her husband.

More considered the plea and issued the warrant, following which the police arrested the man from his Guruwar Peth residence and produced him before court on Tuesday.

The husband's lawyer, Pradeep Chitale, told TOI that he had filed an appeal in the district and sessions court challenging the court order of issuing a warrant against his client after receiving the certified copy.

Chitale said the court had issued a warrant only against his client and not the other respondents even though they had not turned up in court on Monday either.

Citing section 125 of the Criminal Procedure Code, the court should have issued a distress warrant against the husband, Chitale said, adding that there was no provision for issuing an arrest warrant under the Domestic Violence Act.

More has directed the husband to pay a compensation of Rs 25,000 before the court by August 9. According to Chitale, his client had deposited Rs 5,000 on July 16.



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 4 Replies

Saurabh..V (Law Consultant)     28 July 2011

Such are the instances which questions the clumsy attitude of judges in the courts. When accused does not appear even one time, the judge immediately move to order non-bailable warrants at the first instance. But those cases in which the complainant or any witness does not appear without notice, the judge take this as normal and order only notice. Unless the complainant or any witness does not appear for continuously for 5-6 times, judge do not even order bailable warrants.

 

Such lathargic attitude in trials has lead to piled up crores of cases. There is no need of amendment in the existing system with regard to the time spent per case. Attitude of judges is to be modified so that they do not allow crooks to take dates after dates for delaying justice.

 

Justice delayed is justice denied !!!!

 

//peace

/Saurabh..V

1 Like

danish (Manager)     28 July 2011

Indian law sucks man. i feel ashamed to be a india citizen.  Mans likes us are becoming victims of this biased idiotic law.

1 Like

Mentally Depressed (will tell you later)     28 July 2011

Its very depressing as the ego of the person hurts

If man ego hurts he cannot show face in the society as he lives only for self respect

The matter can be sorted out if some soft issues method have been adopted and on the side of the prosecutrix

The home seems to be broken and children suffered (if any) due to the nasty acts

Its quite depressing

Siv (engineer)     08 August 2011

Someone has to take charge of these idiots....


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