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IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
Pakki Srinibas Rao Pattnaik – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. petition for quashing orders. (Para 1) |
| 2. argument against mechanical issuance of nbw. (Para 2 , 3) |
| 3. court's caution on issuing nbws. (Para 4 , 5 , 6 , 7) |
| 4. setting aside nbw and terms of bail. (Para 8 , 9) |
| 5. final disposal of the application. (Para 10 , 11) |
JUDGMENT :
This application under Section 482 of Cr.P.C. has been filed by the petitioner to quash the orders dated 29.06.2022 and 04.07.2022 passed by the learned S.D.J.M., Berhampur in G.R. Case No.469 of 2022 corresponding to Baidyanathpur P.S. Case No.60 of 2022.
3. Referring to the decision of the Apex Court in the case of Inder Mohan Goswami & another vs. State of Uttaranchal & others reported in (2007) 12 SCC 1 , learned counsel for the petitioner submits that N.B.W. could not have been mechanically issued when the offences alleged against the petitioner are triable by the learned Magistrate First Class.
Perusal of the FIR reveals that the petitioner has been named in the FIR and the allegations in the FIR are sufficient for taking cognizance of the offences. So, I do not find any illegality in the order dated 04.07.2022 so far as it relates to taking of cognizance of the offences.
……“47. Before parting w
Non-bailable warrants should not be issued mechanically; courts must exercise careful scrutiny and ensure that sufficient grounds exist for their issuance to protect personal liberty.
Non-bailable warrants cannot be issued in a routine manner; courts must ensure specific, reasoned justification for their necessity to protect individual liberties.
Non-bailable warrants must not be issued routinely and require specific judicial justification to protect individual liberties as mandated by Article 21.
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 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 and must be supported by specific reasons to protect individual liberties under Articles 21 and 22 of the Constitution.
Issuance of Non-Bailable Warrants requires specific justifications and must not occur routinely; individual liberty should be prioritized unless necessitated by compelling circumstances.
The judgment emphasizes the need for courts to exercise discretion judiciously when issuing warrants, considering the principles of personal liberty and societal interest.
Court must record reasons for issuing non-bailable warrant; summons should be issued first unless evidence shows the accused is absconding or non-compliant.
Issuance of non-bailable warrants must be justified by sufficient reasons; personal liberty must be balanced with societal interests, especially during extraordinary circumstances.
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