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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. initiation of the case and issuance of nbw (Para 1 , 2) |
| 2. arguments for and against issuance of nbw (Para 3 , 4) |
| 3. legal standards for issuing nbw (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. guidelines for issuing nbw from precedent (Para 13 , 14) |
| 5. judicial discretion in issuing nbw (Para 15 , 16 , 17 , 18 , 19) |
| 6. court's decision to quash the nbw (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, c
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.
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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