Quashed

Radhashyam Mallik v. State of Orissa

Orissa HC19 Dec 2016CRLMC/3800/2016

Case brief

AI extract

What is this about?

This court quashed a Non-Bailable Warrant issued against the petitioner for his non-appearance in a court case. The court held that instead of issuing an N.B.W., the lower court should have issued a bailable warrant initially, as the process adopted was wrong under the circumstances.

What did the court decide?

The order dated 20.10.2016 issuing N.B.W. was quashed. Liberty granted to surrender within 21 days. A stay on arrest was granted during this period.

Radhashyam Mallik Vs State of Orissa — Bail and Remand | Orissa HC (2016)

¶1

CRLMC No. 3800 of 2016
19.12.2016 Heard learned counsel for the petitioner and the learned Addl. Standing Counsel.

¶2

 The petitioner has filed this Crl. Misc. Case for quashing of the order dated 20.10.20
16 issuing N.B.W. against the petitioner for his non-appearance in G.R. Case No.227 of 2015 of
 the court of S.D.J.M., Jajpur, arising out of Mangalpur P.S. Case No.27 of 2015.
 Initially, learned S.D.J.M., Jajpur issued summons. After service of summons the petiti
oner appeared on 19.05.2015 and was granted bail. On 20.10.2016, he was found absent. He strai
ghtway issued N.B.W. against the petitioner. The process adopted is wrong. Instead of issuing
N.B.W., he should have issued bailable warrant and only when bailable warrant was found insuff
icient, to secure attendance of the petitioner, N.B.W. should be issued.

¶3

 Accordingly, order dated 20.10.2016 passed in the aforesaid case is quashed. The petiti
oner is granted liberty to surrender before the leaned S.D.J.M., Jajpur in the aforesaid case
within 21 working days and file application for bail. In such event, the learned Magistrate sh
all release the petitioner on bail on such terms and conditions as deemed just and proper by h
im.

¶4

 It is further directed that no Police Officer shall arrest the petitioner within 21 wor
king days hence either on his own volition or on the basis of N.B.W. of Arrest issued by the l
earned S.D.J.M., Jajpur in the aforesaid case.

¶5

 Urgent certified copy of this order shall be granted on proper application.

Radhashyam Mallik v. State of Orissa

Case brief

What is this about?

What did the court decide?

Radhashyam Mallik v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Case details

Similar cases

Mahendra Swain@Rajesh Vs State of Orissa

Samudraya Khuda@Samudraya Kulu Vs State of Orissa

Dhaniram Gond Vs State of Orissa

Dillip Ku.Mohanty Vs State of Orissa

Mukunda Ch.Mallick Vs State of Orissa

Chakradhar Patrihary Vs State of Orissa