A non-cognizable case is one in which the Police Officer cannot make arrest without a warrant. A warrant is issued by court to any person in writing, signed by the Presiding Officer of the Court, bearing the seal of the court. Under section 73 of Cr.P.C., the learned Magistrate has jurisdiction and power to issue warrant of arrest against, i) escaped convict, ii) proclaimed offender, iii) any person who is an accused of non-bailable offence and is evading arrest.
Under section 204 of Cr.P.C., on filing of the Charge-Sheet before the Magistrate and taking cognizance thereof, the court has the power to issue summons or warrant against the accused. As per schedule-1 of Cr.P.C. offences are categorized as bailable and non-bailable. In case of bailable offences bail can be made as soon as the warrant is served. In case of Non-bailable offences, it is the discretion of court to grant or refuse bail.
The Hon’ble High Court can quash, non-bailable warrants on entertaining an application under section 482 Cr.P.C. for quashing of N.B.W. The grounds that the High Court may consider, decisive in quashing the N.B.W. against accused are as follows:
- That no offence has been disclosed against the applicant/accused.
- Proceedings have been instituted with malafide intention.
- Intention of the accused to cooperate with the proceedings is under surreptitious radar.
- Conditions due to which accused was unable to represent before the Court.
There may be several other grounds upon which Hon’ble High Court may stay or quash the Non-Bailable Warrant which needs the eye of supervision of legal experts.