Case Note & Summary
The petitioners, who are accused 1 to 6 in C.C. No. 44/2014 arising out of Crime No. 294/2013 registered at Bidadi Police Station, Ramanagara, for offences punishable under Sections 498A, 504, 323, 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Cr.P.C. challenging the order dated 05.06.2024 passed by the Principal Civil Judge and JMFC, Ramanagara. The impugned order directed issuance of non-bailable warrant (NBW) against the petitioners. The High Court heard the counsel for the petitioners, the Additional State Public Prosecutor for respondent No.1 (State), and the counsel for respondent No.2 (complainant). The court observed that the Magistrate's order merely stated that the accused were absent and that NBW was issued, without any application of judicial mind or recording of reasons. The High Court held that issuance of NBW is a serious matter affecting the liberty of an individual and cannot be done mechanically. The court quashed the impugned order and directed the Magistrate to proceed with the case in accordance with law, including the issuance of summons or warrant as per the provisions of the Cr.P.C. The petition was allowed.
Headnote
A) Criminal Procedure Code - Non-Bailable Warrant - Issuance of NBW - Section 482 CrPC, Article 226 Constitution of India - The Magistrate issued NBW against the accused without recording reasons or applying judicial mind, merely noting that the accused were absent. The High Court held that issuance of NBW is a serious matter affecting liberty and cannot be done mechanically. The order was quashed and the Magistrate was directed to proceed in accordance with law. (Paras 4-6)
Issue of Consideration
Whether the order issuing non-bailable warrant against the accused without application of judicial mind is sustainable in law.
Final Decision
The writ petition is allowed. The impugned order dated 05.06.2024 in C.C. No.44/2014 is quashed. The Magistrate is directed to proceed with the case in accordance with law.
Law Points
- Non-bailable warrant cannot be issued mechanically
- Magistrate must apply judicial mind
- Section 482 CrPC
- Article 226 Constitution of India
