Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Non-Bailable Warrant U/S 73 CrPC Cannot Be Issued To Produce Accused Before Police For Investigation: Delhi High Court
The Delhi High Court ruled that issuing non-bailable warrants (NBW) under Section 73 CrPC for police investigation is illegal, as they can only be issued to produce the accused before a court. The Court emphasized that Section 82 CrPC requires recorded reasons for believing a person is absconding before issuing a proclamation. The orders from the Magistrate issuing NBWs and proclamations were deemed without proper reasoning and thus quashed. Additionally, anticipatory bail for the accused was granted as it is a statutory right.