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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K.PANIGRAHI
Jahir Jahangir Malla – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. overview of the case facts and warrant issuance (Para 1 , 2) |
| 2. contentions of the petitioner against warrant (Para 3 , 4) |
| 3. judicial reasoning on non-bailable warrants issuance (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. conclusion quashing the non-bailable warrant (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 inherent jurisdiction of this Court, assails the order dated 10.04.2023 passed in C.T. Case No.7834/2022, arising out of Mancheswar, P.S. Case No.486/2022, pending before the learned J.M.F.C.(II), Bhubaneswar whereby a Non-Bailable Warrant was issued against the 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 19.12.2022, Mancheswar P.S. Case No. 486/2022 was registered against the Petitioner and six others for alleged commission of offences punishable under Sections 399 and 402 of IPC, corresponding to Sections 310(4) and 310(5) of BNS.
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.
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 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 be issued with proper legal justification, particularly ensuring evidence is present to support belief of the accused's absconding, balancing individual rights with public ....
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.
Non-bailable warrants should only be issued after careful consideration of personal liberty and societal interests, avoiding them unless absolutely necessary.
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