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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Bharat Salts & Chemicals Ind. Ltd. – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. introduction of the case and facts. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. issues of legal procedure and abuse. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 3. court's reasoning about non-bailable warrants and personal liberty. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. ruling on the validity of non-bailable warrants. (Para 24) |
| 5. conclusion and disposal of the crlmp. (Para 25) |
JUDGMENT :
S.K. Panigrahi, J.
1. The Petitioners through this Petition have assailed the illegality and abuse of process of law perpetrated by the Opposite Party No.7 in entangling the Petitioners and its Directors in false and frivolous complaint cases instituted in the Court of the learned J.M.F.C., Panchkula. The Petitioners also simultaneously seek a direction to the learned S.D.J.M.(Sadar), Cuttack to expedite the hearing of I.C.C. Case No.117 of 2018 pending in his file as the outcome of which will establish the crime committed by the Opposite Party No.7 in instituting false criminal complaint cases with the sole intention to cause harassment and by means of extortion from the present Petitioners by intentionally playing fraud and securing orders from Court by suppressing material facts be
Non-bailable warrants should be issued judiciously and in accordance with procedural requirements to avoid arbitrary infringement of personal liberty.
The judgment established that the issuance of a non-bailable warrant should follow proper procedure and judicial guidelines, including the recording of satisfaction by the court.
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 a careful and balanced approach in issuing non-bailable warrants, especially in cases involving personal liberty, and highlights the importance of preserving indi....
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.
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 should only be issued after careful consideration of personal liberty and societal interests, avoiding them unless absolutely necessary.
The court emphasized the necessity of adhering to procedural requirements in issuing warrants, highlighting the importance of service reports and judicial discretion.
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.
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