MPHC sets aside order issuing arrest warrant in POCSO case

Bhopal/Jabalpur: MP high court set aside the order of a sessions court in Rewa to issue arrest warrant against an accused in a POCSO court holding that arrest warrant can only be issued when summons and bailable warrant fail to have desired result and the judge is convinced that the person in question is avoiding the court intentionally. Stating the issuance of an arrest warrant involves interference with liberty of a person against whom the warrant is issued, the judge said that the courts have to be extremely careful before issuing non-bailable warrants.
The bench of Justice D K Paliwal in its order on a criminal revision petition filed by Devendra Kumar Tiwari, a 56-year-old resident of Rewa accused in a POCSO case, said ” It is settled position of law that non-bailable warrants should be issued to bring a person to court only when summons or bailable warrants would be unlikely to have the desired result because the issuance of non-bailable warrants involve interference with the personal liberty. Therefore, the Courts have to be extremely careful before issuing non bailable warrants. The warrants either
bailable or non-bailable are issued only after proper scrutiny of facts and complete application of mind, as the same involves extremely serious consequences”.
Citing rulings and observations of the supreme court in similar cases, the judge further said