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RAMESH SINHA, RAJIV GUPTA
Kuldeep Yadav – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Ramesh Sinha, J.
1. This petition seeks issuance of a writ in the nature of Certiorari quashing the impugned order dated 15.10.2022 passed by the Special Judge (POCSO Court), Allahabad, whereby non-bailable warrant has been issued against the petitioner in F.I.R. No. 0136 of 2022, under Sections 323, 376, 504, 506 I.P.C. and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012, Police Station Phaphamau, District Allahabad.
2. Heard Ms. Archi Piyush, learned Counsel for the petitioner, Shri J.K. Upadhyaya, learned Additional Government Advocate for the State/respondents no. 1 to 3 and perused the impugned F.I.R. as well as material brought on record.
3. It appears that the proceedings were commenced pursuant to an FIR dated 18.05.2022, registered as FIR No.0136 of 2022, under Sections 354 (k), 323, 504, 506 I.P.C. and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012, Police Station Phaphamau, District Allahabad, against the petitioner, whereupon the case was investigated. The aforesaid F.I.R. was challenged by the petitioner by filing Criminal Misc. Writ Petition No. 6443 of 2022 before this Court, which was dismissed as withdrawn b
The court emphasized the authority of the Special Judge to issue a non-bailable warrant when the accused is evading arrest and not cooperating with the investigation.
The court upheld the issuance of a non-bailable warrant based on the petitioner's evasion of arrest and non-cooperation with the investigation, as well as the gravity of the offense.
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 cannot be issued in a routine manner; courts must ensure specific, reasoned justification for their necessity to protect individual liberties.
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 should not be issued routinely and must be justified with specific reasons, emphasizing the balance between individual rights and public interest.
Non-bailable warrants must not be issued routinely and require specific judicial justification to protect individual liberties as mandated by Article 21.
Issuance of Non-Bailable Warrants requires specific justifications and must not occur routinely; individual liberty should be prioritized unless necessitated by compelling circumstances.
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