Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Failure to obtain and consider service or execution reports before issuing non-bailable warrants is considered a procedural illegality and can lead to the warrant being challenged or quashed ["Mayukh Ranjan Sarbadhikary Alias Mayukh Sarbadhikary v. State of West Bengal - Calcutta"], ["Sharda Devi VS State of Jharkhand - Jharkhand"], ["RAGHUVANSH DEWANCHAND BHASIN vs STATE OF MAHARASHTRA - Supreme Court"].
Analysis and Conclusion:
References:- ["Mayukh Ranjan Sarbadhikary Alias Mayukh Sarbadhikary v. State of West Bengal - Calcutta"]- ["Balaram Mandal, S/o. Dhiren Mandal vs State of Assam, Represented By The Public Prosecutor, Assam - Gauhati"]- ["Bharat Kumar Yadav @ Bharat Kr. Yadav son of late Subhas Manjhi vs State of Jharkhand - Jharkhand"]- ["RAGHUVANSH DEWANCHAND BHASIN vs STATE OF MAHARASHTRA - Supreme Court"]- ["Syed Mohiuddin Ahmad VS State of U. P. - Allahabad"]- ["Raghuvansh Dewanchand Bhasin VS State of Maharashtra - Rajasthan"]- ["RAGHUVANSH DEWANCHAND BHASIN vs STATE OF MAHARASHTRA - Supreme Court"]- ["RAGHUVANSH DEWANCHAND BHASIN vs STATE OF MAHARASHTRA - Supreme Court"]- ["RAGHUVANSH DEWANCHAND BHASIN vs STATE OF MAHARASHTRA - Supreme Court"]- ["Suraj Srinivasan D. v. Drug Inspector Chennai - Madras"]- ["SACHIN DEV DUGGAL Vs DIRECTORATE OF ENFORCEMENT - Delhi"]- ["INTEGRO FINSERV PRIVATE LIMITED vs MR. SANTOSHKUMAR RAMSAJEEVAN DEWIVEDI AND ANR - Bombay"]- ["Niranjan Mahato VS State of West Bengal - Calcutta"]- ["RAGHUVANSH DEWANCHAND BHASIN VS STATE OF MAHARASHTRA - Uttarakhand"]- ["Sharda Devi VS State of Jharkhand - Jharkhand"]
In criminal proceedings, the issuance of a non-bailable warrant (NBW) represents a significant escalation, potentially leading to the arrest and detention of an individual. But before taking such a coercive step, are courts duty-bound to verify and record the service of summons or execution of bailable warrants? This question lies at the heart of procedural fairness under the Code of Criminal Procedure, 1973 (CrPC).
Understanding this requirement is crucial for accused persons, lawyers, and even judicial officers to ensure compliance with legal standards and protect personal liberty. This post delves into judicial precedents, statutory provisions, and practical implications.
Before issuing a non-bailable warrant, the court is duty bound to record about execution and service report of the summon and the bailable warrant.
This procedural mandate stems from the need to prevent arbitrary arrests and uphold due process. Skipping these steps can render the NBW invalid, leading to its quashing by higher courts.
The court is generally required to record the execution and service report of a summons before issuing a non-bailable warrant. Procedural integrity demands proof of service prior to coercive measures, ensuring that individuals are not deprived of liberty without fair opportunity to appear. [
#NonBailableWarrant, #CrPCProcedure, #LegalSafeguards
It is held in paragraph 54 of the above report that as far as possible, if the court is of the opinion that a summon will suffice in getting the appearance of the accused in the court, the summon or the bailable warrants should be preferred. ... Thus, in Inder Mohan Goswami (AIR 2008 SC 251) (supra) the Hon'ble Supreme Court has deprecated uncontrolled and often irrelevant exercise of magisterial power of issuance of non - bailable ....
Court instead of issuing bailable warrants, proceeded directly to issue non-bailable warrants. ... The Court should try to maintain proper balance between individual liberty and the interest of the public and the State while issuing non-bailable warrant.” ... Considering the aforesaid two provisions, courts will have to adopt the procedure in issuing summons first, thereafter a bailable#....
Enumerating some of the circumstances which the Court should bear in mind while issuing non-bailable warrant, it was observed: "53. ... Non-bailable warrant should be issued to bring a person to court when summons or bailable warrants would be unlikely to have the desired result. ... As far as possible, if the court is of the opinion that a summon will suffice in getting the app....
In most of these pending cases, it is seen that whenever a Non Bailable warrant is kept pending execution, the usual practice among many of the Court is to adjourn the case on the ground that “Non Bailable Warrant is pending”. 19. ... It is further seen that the cases in which trial courts issue Non Bailable Warrants may be broadly classified in four categories namely, (i) the trial court issues #....
Enumerating some of the circumstances which the court should bear in mind while issuing non-bailable warrant, it was observed : 53. Non-bailable warrant should be issued to bring a person to court when summons or bailable warrants would be unlikely to have the desired result. ... After receiving such non-execution report of warrant of arrest, t....
No. 620 of 2019, without receipt of the service report of the summon upon the petitioner and similarly, without the execution report of bailable warrant of arrest issued against the petitioner, committed a grave illegality by issuing non-bailable warrant of arrest against the petitioner on 11.12.2023 ... Learned Additional Public Prosecutor fairly submits that without the service....
should take proper care and precaution convincing itself that despite the service of bailable warrant on couple of dates the process of law is being avoided only in that extreme circumstance the Non- Bailable Warrant should be issued as such process of law directly relates with the liberty of a person ... avoid the process of law, bailable warrant may be issued but before issuing N.B.W. against such person the Court#HL_END....
The Registry of this Court has issued several reminders, however, no report regarding execution of Non-Bailable Warrant has been submitted. Although the registry has contacted Mr. ... Vidyashankar Shukla, Inspector on cell phone to execute the said Non- Bailable Warrant of Arrest and requested to submit the execution report of the same immediately. ... The registry has submitted report#H....
after service, as a last resort, non-bailable warrant of arrest should be issued to secure the presence of the accused person. ... a bailable warrant or non-bailable warrant is a matter which rests entirely in the discretion of the Court. ... The court in all circumstances in complaint cases at the first instance should first prefer issuing summons or bailable #....
after service, as a last resort, non-bailable warrant of arrest should be issued to secure the presence of the accused person. ... a bailable warrant or non-bailable warrant is a matter which rests entirely in the discretion of the Court. ... The Court in all circumstances in complaint cases at the first instance should first prefer issuing summons or bailable #....
The explanation of the then Additional Chief Judicial Magistrate, Court No. 10, Allahabad, namely, Neeraj Kumar Garg (now Additional District and Sessions Judge, Khurja, Bulandshahr), dated 27th January, 2020, who has passed the order dated 4th November, 2016 under Section 31 of the Protection of Women from Domestic Violence Act and the order dated 22nd August, 2016 has been sent to this Court through the District Judge, Allahabad and the same is on record, which is marked as Flag-D of the order-sheet. The status report about the issuance of bailable warrant and non-bailable warran....
In the absence of such indication the coercive orders, as said above, would be treated as if they failed the test of statutory prescriptions prescribed under Sections 64 & 65 of the Cr.P.C. Further, in the order where the bailable/ non-bailable warrant or proclamation under Section 82 Cr.P.C. is issued, the court must indicate that despite the service of summons or bailable warrant or non-bailable warrant the accused has not appeared. Therefore, the courts have to be extremely careful before issuing non-bailable warrants.
In this case only on the ground of absence of the accused, the warrant has been issued. Thus, the order issuing warrant of arrest, without recording satisfaction that the accused are evading their arrest, is not in consonance with the provisions of Section 73(1) of the Code. Accordingly, the order by which non-bailable warrant of arrest has been issued against the petitioners, is, hereby, quashed and set aside. Further, from the record, I also find that the service report of bailable warrant was not before the Court.
It further appears from the certified copy of order-sheet of the court below enclosed with this writ application that summons were issued on 13.04.2010 and without waiting for the service report of the summons, bailable warrant of arrest was issued on 28.07.2011. The record of the case was, thereafter, transferred to the another court and the said court also ignoring the mandates given by Hon’ble Supreme Court in several cases and without waiting for the execution report of the proclamation issued under Section 82 of the Code, directed to issue process for attachment of the properties of pet....
Again by order dated 31.03.2014 the case was transferred to the court of Judicial Magistrate and this court also without waiting for the execution report of the bailable warrant, directed to issue non-bailable warrant against the accused by order dated 12.06.2014. Later on, by order dated 16.09.2013 the case was transferred to the court of Sub Divisional Judicial Magistrate. The said court without waiting for the execution report of the summon directed to issue bailable warrant. Though from the order sheet it appears that even no requisition was filed by the Investigating O....
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