New Delhi, Feb 26 (PTI) A sessions court here has set aside the order of a magisterial court issuing a non-bailable warrant against a man accused of cruelty to his wife, saying the “highly inappropriate” order was passed with a “callous approach.” The court observed that if extra caution was not exercised while issuing non-bailable warrants (NBWs), it could result in wrongful detention and infringement of an individual’s right to liberty.
Additional Sessions Judge Shefali Sharma was hearing a plea assailing the order of a Mahila Court that issued an NBW against the man in January this year.
The man was booked under Indian Penal Code sections 498 A (husband or relative of a husband subjecting a woman to cruelty) and 406 (criminal breach of trust).
“On one hand, the trial (Mahila) court has passed a blanket order allowing the accused to travel abroad for a course scheduled to end by December 2024 and on the other hand has issued NBWs for his non-appearance. Such a callous approach without perusing the record is highly surprising,” the sessions court said.
It said no reason was provided for issuing the NBW without having issued a bailable warrant first.
“When the trial court had already granted liberty to the accused or husband, that too without any reasoned order to travel abroad, then issuance of NBW for his non-appearance on one day, straight away, without affording any opportunity to the applicant (husband) or his counsel to explain the position is highly inappropriate and not in accordance with law,” the court said.
In an order passed on February 23, it then set aside the Mahila Court’s order.
The sessions court observed, “It is a settled law that courts have to be extremely careful and extra cautious while directing the issuance of NBWs, else it could amount to wrongful detention and infringement of the right to liberty of any individual.” Advocate Prashant Diwan appeared for the man. PTI MNR MNR NSD NSD
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