Warrants Of Arrest Cannot Be Issued ‘Mechanically’ Without Application Of Mind: Calcutta HC
The Calcutta High Court observed that the trial Courts should not issue warrants of arrest ‘mechanically’ without justifying their issuance in accordance with the law.
The Court was hearing a Criminal Revision filed by the petitioners who were aggrieved by an order that issued a warrant of arrest against them.
A Single Bench of Justice Suvra Ghosh observed, “…the learned Trial Court has issued a warrant of arrest against the petitioners mechanically without application of mind…the learned Trial Court should not have issued warrant of arrest against the petitioners without justifying issuance of the same in accordance with law.”
Advocate Prabir Kr. Mitra appeared for the Appellant and Advocate Arijit Ganguly appeared for the Respondent.
Brief Facts-
In the present case, arrest warrants were issued against the Petitioners who were charge-sheeted under Sections 420/406/467/120B of IPC without the issuance of notice/summons for securing their presence before the Court.
The Court mentioned the Supreme Court decision in Mohan Goswami and Another v/s. State of Uttaranchal and Others reported in (2008) 1 SCC (Cri) 259 where according to the Court SC observed, “…issuance of non-bailable warrant involves interference with the personal liberty and arrest and imprisonment means deprivation of the most precious right of an individual.”
The Court noted that petitioners have not been charged with an offence under section 409 of the Indian Penal Code in the charge sheet and as per the Court the order impugned does not disclose that they are likely to evade the process of law or tamper/destroy evidence.
The Court further noted that the investigating officer did not consider it necessary to arrest the petitioners during the investigation and no step was also taken by the Court to secure their appearance before the Court upon taking cognizance of the charge sheet.
Accordingly, the Court allowed the Criminal Revision and directed the Trial Court to take necessary steps in accordance with the law.
Cause Title: Shashanka Maiti & Ors. v. The State of West Bengal
Appearance:
Appellant: Adv. Prabir Kumar Mitra, Adv. Achin Jana, Adv. Pinak Kr. Mitra, Adv. Subhanwita Ghosh and Adv. Bhaskar Dalui
Respondent: PP Debasish Roy, Adv. Arijit Ganguly and Adv. Trina Mitra