Supreme Court of India

Inder Mohan Goswami v State of Uttaranchal

AIR 2008 SC 251; (2007) 12 SCC 120071 min read
The case in brief30-second read
Facts
A dispute over the sale of property under a power of attorney led to an FIR alleging cheating and forgery, and non-bailable warrants were issued against the appellants. The High Court declined to quash the proceedings.
Issue
Whether the proceedings should be quashed, and when non-bailable warrants may issue.
Held
Warrants must never be issued without proper scrutiny and application of mind. In complaint cases the court should first serve summons, then issue a bailable warrant, and only when satisfied that the accused is intentionally avoiding the court issue a non-bailable warrant. The FIR disclosed a civil dispute; to prevent abuse of process all proceedings arising from it were quashed.
Principle
Non-bailable warrants should be issued only after summons and bailable warrants fail, unless the offence is heinous and evasion or tampering is likely; inherent power may quash proceedings that abuse process
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Facts

  • A dispute over the sale of property under a power of attorney led to an FIR alleging cheating and forgery, and non-bailable warrants were issued against the appellants. The High Court declined to quash the proceedings.

Issue

  1. Whether the proceedings should be quashed, and when non-bailable warrants may issue.

Held

  • Warrants must never be issued without proper scrutiny and application of mind. In complaint cases the court should first serve summons, then issue a bailable warrant, and only when satisfied that the accused is intentionally avoiding the court issue a non-bailable warrant. The FIR disclosed a civil dispute; to prevent abuse of process all proceedings arising from it were quashed.

Ratio decidendi

Personal liberty requires the least coercive process; non-bailable warrants are a last resort.

Exam use

How to use it in an answer

Cite on S.90 BNSS and the choice between summons and warrant.

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Citation

Inder Mohan Goswami v State of Uttaranchal AIR 2008 SC 251; (2007) 12 SCC 1

Reported: https://indiankanoon.org/doc/855018/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.