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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K.PANIGRAHI
Girija Prasad Mohanty – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. establishment of the factual background. (Para 1 , 2) |
| 2. arguments presented by both parties. (Para 3 , 4) |
| 3. analysis and reasoning regarding issuance of non-bailable warrants. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. final judgment and orders. (Para 20 , 21 , 22) |
JUDGMENT :
Sanjeeb K. Panigrahi, J.
1. The Petitioner has instituted the present Criminal Miscellaneous Case under Section 482 of the Code of Criminal Procedure, 1973/ Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, invoking the inherent jurisdiction of this Court, to assail the order dated 19.02.2020 passed in C.T. Case No. 354(A) of 2014 corresponding to S.T. Case No. 67 of 2021, wherein a Non-Bailable Warrant was issued against Petitioner at the instance of the Investigating Officer.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows:
(i) On 24.08.2014 a Written Complaint was submitted by one Sudarsan Sahoo to the I.I.C., Athagarh P.S., alleging that while he was proceeding along Kandarpur road, he observed a large gathering of people gather at a particular spot and saw an unknown person was lying there, bleeding profusely due to an injur
Non-bailable warrants should not be issued routinely and must be justified with specific reasons, emphasizing the balance between individual rights and public interest.
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 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 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 cannot be issued in a routine manner; courts must ensure specific, reasoned justification for their necessity to protect individual liberties.
The judgment emphasizes the need for courts to exercise discretion judiciously when issuing warrants, considering the principles of personal liberty and societal interest.
Non-bailable warrants should only be issued after careful consideration of personal liberty and societal interests, avoiding them unless absolutely necessary.
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.
Court must record reasons for issuing non-bailable warrant; summons should be issued first unless evidence shows the accused is absconding or non-compliant.
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