Non-bailable warrants must not be issued routinely and require specific judicial justification to protect individual liberties as mandated by Article 21.

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. Pursuant to the registration of the said F.I.R., C.T. Case No. 7834/2022 was initiated against the accused persons before the learned J.M.F.C.(II), Bhubaneswar.

(ii) During the patrolling duty, the informant and other staff received information that the accused persons were assembled near Somanath Youth Club and were allegedly preparing for commit dacoity.

(iii) Acting on the information received, the patrolling party surrounded the spot and apprehended some of the accused persons. An iron rod and other articles, including two motorcycles, were seized. The apprehended accused persons disclosed the names of the remaining accused persons, including the Petitioner, pursuant to which the F.I.R. was registered.

(iv) During the course of investigation, the Investigating Officer made a prayer before the Learned J.M.F.C.(II), Bhubaneswar, seeking issuance of a NBW against the Petitioner by declaring him an absconder. The learned Court, by order dated 10.04.2023, allowed the said prayer and issued a NBW against the Petitioner, which is the subject matter of challenge in the present proceeding.

Being aggrieved by the aforesaid facts and circumstances, the Petitioner has been constrained to approach this Court by way of the present Writ Petition.

II. SUBMISSIONS ON BEHALF OF THE PETITIONER

3. The learned counsel for the Petitioner respectfully and earnestly made the following submissions in support of his contentions:

(i) The present petition has been filed challenging the order dated 10.04.2023 passed in C.T. Case No. 7834 of 2022 arising out of Mancheswar PS Case No. 486 of 2022, whereby the learned J.M.F.C.(II), Bhubaneswar issued a Non-Bailable Warrant against the Petitioner at the instance of the Investigating Officer.

(ii) The Petitioner states that the learned J.MF.C(II), Bhubaneswar issued a NBW against him by declaring him an absconder. The Petitioner further states that, during the course of the investigation, he has not evaded the investigation and has cooperated with the I.O.

(iii) The Petitioner states that the I.O. made the said prayer shortly before submission of the charge sheet, whereupon the order dated 10.04.2023 was passed issuing a NBW against the Petitioner.

(iv) The Petitioner further states that, contrary to the allegation made by the I.O. in the C.T. Case no. 7834/2022 regarding evasion of arrest, no attempt was made to arrest the Petitioner and the Petitioner was willing to cooperate with the investigation.

(v) The Petitioner further states that no summons was issued to him prior to issuance of the NBW to ascertain his availability or cooperation with the investigation, and the said warrant was issued without such prior process.

(vi) The Petitioner states that the issuance of a NBW requires satisf