The trial court issued the non bailable warrant against the seer after being informed by the public prosecutor that Murugha was not appearing before the court and was appearing through video conference.
Aggrieved, Murugha moved the High Court under Section 482 (Saving of inherent powers of High Court) of the Code of Criminal Procedure (CrPC).
The Court stated that it was shocking that the public prosecutor was not aware of the order passed by the High Court in the first case asking him to stay away from Chitradurga district. It further noted that the order was cited by Murugha but was not considered by the trial court.
The restriction on Murugha from entering Chitradurga District would apply to any proceedings against him in the district, the Court observed.
“Once there is a restriction imposed by this Court restricting the petitioner from entering Chitradurga district, it would not only apply to cases from which the petition arose out of, but also to all proceedings pending in Chitradurga district,” it said.
The Court observed that the order caused gross injustice to Murugha. Hence, it stayed the warrant and ordered immediate release of Murugha from District Jail, Chitradurga.
Source: Barandbench
