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The applicants had merely sought the quashing of the said NBWs. But Justice Vipin Sanghi’s attention was first arrested by the handwriting of the magistrate who had issued the questionable order.
“Before dealing with the case, I may observe that the manner in which the learned MM (metropolitan magistrate) has recorded the order in his hand leaves much to be desired. The order is hardly legible,” remarked Justice Sanghi as he went through the certified copies of the impugned NBW orders.
Pulling up the magistrate in his order, the judge said: “The purpose of recording orders is not merely to make a record for the concerned magistrate, which he is able to read, but also for others to be able to read the same.” He went on to say, “It is expected that the magistrate shall in future take care to write the orders in a more legible handwriting.”
The matter pertained to the warrants against Shanta Sarda and another petitioner issued on March 28, 2007, after they reportedly failed to appear for a hearing.
They had been accused of flouting certain municipal bylaws for buildings and land use.
The magistrate, then posted at Patiala House courts, had issued the warrants against them and wrote the order in his own hand.
The petitioners challenged the order in the High Court and Justice Sanghi, while making the observations on the magistrate’s handwriting, set aside the lower court’s order.
Noting that the warrants were issued “mechanically,” the court said the petitioners had moved proper applications for their personal exemption from the hearing through their counsel and had also attached medical certificates.
Justice Sanghi also criticised the magistrate for not recording the reasons for rejecting the applications and opting to issue NBWs instead.

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