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RAJIV ROY
Ashok Thakur – Appellant
Versus
State of Bihar – Respondent
Rajiv Roy, J.—Heard the parties.
2. Pursuant to the last order of coordinate bench, SI, Aman Kumar Singh is present in the Court.
3. The present application has been preferred for setting aside the Order dated-10.06.2024, passed in G.R. No. 77 of 2023/S.C. & S.T. P.S. Case No. 38 of 2023, by the learned Additional Sessions Judge Cum Special Judge, S.C. & S.T. Act Madhubani, by which he has pleased to pass an order of proclamation (U/sec.-82 of Cr. P.C. process) against the appellants in connection with S.C. & S.T. P.S. Case No. - 38 of 2023, dated 10.06.2023, corresponding to G.R. No.- 77 of 2023 registered for offence u/sec.- 341, 323, 504, 354(B), 379, 506/34 of Indian Penal Code and Section and 3/4 of Daain Act and Sections 3(i)(r)(s)(w), 3(2)(va) of S.C. & S.T. Act 1983 as neither summon nor B.W. and N.B.W. have been issued against the appellants nor Tamila of same are available on record.
4. As per the prosecution story, the informant alleged that eyeing his piece of land, the accused came and wanted to construct the house. When the informant objected, was abused by taking caste name and allegation against these appellants is/are that he put a towel around his neck and tried to p
Non-bailable warrants cannot be issued in a routine manner and must be supported by specific reasons to protect individual liberties under Articles 21 and 22 of the Constitution.
Non-bailable warrants cannot be issued routinely; courts must provide adequate reasoning and evidence to justify such action, ensuring individual liberty is not curtailed without necessity.
Non-bailable warrants must not be issued routinely and require specific judicial justification to protect individual liberties as mandated by Article 21.
Issuance of Non-Bailable Warrants requires specific justifications and must not occur routinely; individual liberty should be prioritized unless necessitated by compelling circumstances.
Non-bailable warrants should not be issued routinely and must be justified with specific reasons, emphasizing the balance between individual rights and public interest.
Non-bailable warrants cannot be issued in a routine manner; courts must ensure specific, reasoned justification for their necessity to protect individual liberties.
Before issuing Non-Bailable Warrant due care and precaution is warranted for Trial Court and Non-Bailable Warrant should not be issued in a cursory manner.
Court must record satisfaction of evasion of arrest before issuing non-bailable warrants or proclamations under Section 82 of Cr.P.C.
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