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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
PADAM NARAIN MISHRA
Awadhesh Nishad – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
PADAM NARAIN MISHRA, J.
1. Heard learned counsel for the applicants, learned AGA for the State and perused the material available on record.
2. This application under Section 528 BNSS has been filed by the applicants for quashing the impugned order dated 13.01.2026 passed by learned Additional District Judge - XVI/Special Judge (P.C.) Allahabad in Session Trial No. 354 of 2016 ( State vs. Faizan Hussain and Others ) arising out of Case Crime No. 03 of 2014 under sections 323, 325/34, 504 and 506 of IPC, P.S. - Daraganj, District - Allahabad whereby Non-Bailable Warrants (NBW) have been issued against the applicants on the very first date of listing.
3. Facts in Brief fact of the present case is that the particular incident took place on 01.01.2014 against which an FIR was lodged by the Opposite Party No.2 against the applicants which is registered as the Case Crime No. 2 of 2014. The applicants also registered a cross case which was registered as the Case crime No. 3 of 2014 of the aforesaid incident. Subsequently the case lodged at the instance of the applicants committed to the District Judge, Allahabad vide order dated 02.05.2016. Thereafter, District Judge, Allahabad tra
The issuance of non-bailable warrants must be based on careful consideration of individual liberty and reliable evidence of evasion, with the court required to record reasons before proceeding with s....
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 cannot be issued in a routine manner; courts must ensure specific, reasoned justification for their necessity to protect individual liberties.
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 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.
The judgment emphasizes the need for courts to exercise discretion judiciously when issuing warrants, considering the principles of personal liberty and societal interest.
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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