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2015 Supreme(Ori) 391

S.K.MISHRA
Bata – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For the Appellant : Bichitra Narayana Satapathy
For the Respondent:Somanath Mishra, Addl. Government Advocate

JUDGMENT :

S.K. Mishra, J.

1. This is an application under Section 482 of the Code of Criminal Procedure, 1973, hereinafter referred to as 'the Code' for brevity. The petitioner, being the accused in G.R. Case No. 227 of 2010 of the court of learned JMFC (P), Kujang, arising out of Kujang P.S. Case No. 88 of 2010 initiated for the alleged commission of offence under Sections 294, 323, 354, 506 of the IPC read with Section 3(1)(x)(xi) of the SC and ST (PA) Act has challenged the orders dated 18.09.2010 and 17.01.2011. The Investigating Officer prayed for issuance of non-bailable warrant against the accused-petitioner. The learned Magistrate perused the case records. He recorded that name of the accused finds place in the case diary, statement recorded under Section 161 of the Code as well as in the FIR. He further recorded that the accused is not apprehended in spite of several attempts. Hence, issued non-bailable warrant of arrested against the present petitioner.

2. The Hon'ble Supreme Court in Inder Mohan Goswami and another v. State of Uttaranchal and others, (2007) 12 SCC 1 has held that civilized countries have recognised that liberty is the most precious of all human rights. The










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