ORISSA HIGH COURT
GIRIJA PRASAD MOHANTY – Appellant
Versus
STATE OF ODISHA – Respondent
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 injury to his throat.
(ii) When the complainant enquired about the cause of the injury, the Victim disclosed his name and stated that 7 to 8 people had followed and restrained him and his helper while they were travelling to Kolkata after loading aluminum from Angul by truck.
(iii) Thereafter, the helper of the truck was kil
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 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 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 only be issued after careful consideration of personal liberty and societal interests, avoiding them unless absolutely necessary.
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 not be issued mechanically; courts must exercise careful scrutiny and ensure that sufficient grounds exist for their issuance to protect 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.
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