2007 (10) TMI 550 - SUPREME COURT

Whether the Criminal Complaint or FIR has not been filed with an oblique motive?

Held that:- The impugned judgment of the High Court in declining to exercise its inherent power has led to grave miscarriage of justice. . 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. The Court should try to maintain proper balance between individual liberty and the interest of the public and the State while issuing non-bailable warrant.

Consequently, we set aside the impugned judgment and in order to prevent abuse of the process of the court and to otherwise secure the ends of the justice we direct that all the proceedings emanating from the FIR shall stand quashed.