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Orissa High Court Sets Aside Non-Bailable Warrant Issued for Failure to Appear Due to Counsel’s Lapse, Cautions Petitioner to Ensure Continued Participation: “Injustice Should Not Result from Lapses of Counsel”

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Court’s Decision

The Orissa High Court allowed a petition seeking quashing of a non-bailable warrant of arrest issued by the Special POCSO Court in Bhadrak against the petitioner. While noting that the trial court had not committed any legal error, the High Court exercised its discretion “in the larger interests of justice” to set aside the warrant. This relief was granted subject to the petitioner depositing ₹3,000 to the Advocates’ Welfare Fund and appearing before the trial court within two weeks. The Court sternly cautioned that any future default would entitle the trial court to take coercive action.


Facts

The petitioner was initially granted bail on 21.11.2016 in a case under the POCSO Act. He had been appearing regularly before the trial court. However, on one occasion, due to a communication gap between the petitioner and his counsel, neither the petitioner appeared nor any steps were taken on his behalf. As a result, the Special Court issued a non-bailable warrant of arrest on 28.10.2021. The petitioner then approached the High Court under its inherent jurisdiction to challenge this warrant, arguing that the lapse was due to his lawyer’s negligence, not deliberate non-compliance on his part.


Issues

  1. Whether the issuance of a non-bailable warrant due to a single default in appearance justified interference by the High Court?
  2. Whether a party can be penalised for lapses on the part of their legal counsel?
  3. Whether the High Court can set aside such warrant in exercise of its inherent powers under Section 482 of the Code of Criminal Procedure?

Petitioner’s Arguments

The petitioner submitted:


Respondent’s Arguments

The State did not oppose the petition on the merits but relied on the validity of the trial court’s order. It was contended that:


Analysis of the Law

The Court balanced two competing principles:

The Court relied on the well-settled principle that a party should not suffer for the negligence or default of their lawyer. It also invoked its inherent powers under Section 482 of the Criminal Procedure Code to prevent abuse of process and secure the ends of justice.


Precedent Analysis

Although the judgment did not cite authorities by name, the reasoning reflects consistent jurisprudence:

These precedents support judicial leniency in non-appearance cases stemming from counsel’s error.


Court’s Reasoning

The Court acknowledged that the trial court had acted correctly within its jurisdiction. However, it stated:

“In the larger interests of justice and in order to provide another opportunity to the Petitioner… the order dated 28.10.2021 is set aside.”

The Court emphasized that the petitioner must:

It clearly warned that:

“In the event, the Petitioner makes any further default in appearance, it is open to the Court… to take necessary coercive steps.”


Conclusion

The High Court:


Implications


FAQs

Q1. Can a non-bailable warrant be quashed if the accused missed a date due to lawyer’s negligence?
Yes. Courts can quash such warrants if the absence was unintentional and caused by counsel’s lapse, provided the accused undertakes to appear henceforth.

Q2. What is the consequence of non-compliance after High Court relief in such cases?
If the accused defaults again, the trial court is empowered to take coercive steps including re-issuance of warrant.

Q3. Why was the petitioner required to pay money to the Advocates’ Welfare Fund?
It serves as a token cost to discourage casual litigation while supporting the welfare of the legal community.

Also Read: Chhattisgarh High Court Acquits Man Convicted Under POCSO: “Revenue Records Alone Insufficient for Age Determination; Prosecutrix Was a Consenting Party Who Lived as Wife with Appellant”

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