A single-judge bench of the Madhya Pradesh High Court comprising of Justice Dinesh Kumar Paliwal held that the summons is to be issued at the first instance, and if the accused still deliberately avoids the summons, then the court may issue a bailable warrant. However, if after that as well the accused intentionally avoid the process, then a non-bailable warrant can be issued.
Brief Facts:
The applicant was charged with offenses under sections 9 and 10 of the POCSO Act as well as Sections 354 and 354A of the Indian Penal Code. The trial court issued a non-bailable warrant for the Applicant’s presence immediately at the instance of the submission of the chargesheet by the police. The applicant, aggrieved by the order, moved to the court.
Contentions of the Applicant:
The applicant submitted that the order is contrary to the established precedent by placing reliance on Siddharth Vs. State of UP and another, (2022) 1 SCC 676, mentioned that an arrest warrant is not to be issued against the accused persons to seek their presence on the very first date of the filing charge sheet, and the summons shall be issued. Thus, it is bad in law.
Contentions of the Respondents:
The Respondents submitted that the order issued by the court was valid and did not suffer from any infirmity.
Observations of the Court:
The court acknowledged the settled position of law. It observed that since the issuance of non-bailable warrants involves interfering with personal liberty, they should only be used to summon someone to court when summons or bailable warrants are unlikely to achieve the desired outcome. Hence, before issuing non-bailable warrants, the Courts must exercise utmost caution. As the warrants, irrespective of them being bailable or non-bailable, involve highly grave ramifications, they should only be issued after careful consideration of the circumstances and complete application of the mind.
The summons is to be issued at the first instance, and if the accused still deliberately avoids the summons, then the court may issue a bailable warrant. However, if after that as well the accused intentionally avoid the process, then a non-bailable warrant can be issued.
Decision:
The impugned order was set aside, and the trial court was directed to issue a summons instead of an arrest warrant to seek the applicant's appearance at the first instance.
Case Title: Devendra Kumar Tiwri v The State of Madhya Pradesh
Coram: Justice Dinesh Kumar Paliwal
Case No: MISC. CRIMINAL CASE No. 5932 of 2023
Advocates for Petitioner: Shri Manish Datt & Shri Siddharth Bendel
Advocate for Respondent: Shri Satpal Chadhar & Sandeep Kumar Mishra
Read Order ;
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