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TMI Blog2018 (4) TMI 1891X X X X Extracts X X X X X X X X Extracts X X X X ..... n behalf of accused petitioners namely Pushya Mitra Singh Deo and his wife Smt. Anita Singh Deo with the prayer to modify the order impugned dated 15th March, 2018 passed by learned Special Judge, Session Court, Jaipur (Prevention of Money Laundering Act), 2002/ Special Judge (Communal Riots Cases), Jaipur whereby the application filed under Section 70(2) of the Code of Criminal Procedure (for short as 'Cr.P.C.') to convert the issuance of nonbailable warrant into bailable warrant has been rejected. Heard Mr. Suresh Sahni & Mr. R.N. Mathur, Senior Advocates appearing on behalf of the petitioners as also Mr. R.D. Rastogi, Addl. Solicitor General, appearing for respondent/s, and perused the relevant documents available on record. Learned co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pect into consideration while rejecting the application filed under Sec.70(2) Cr.P.C. It has also been contended that personal liberty and freedom is a constitutional right. The Hon'ble Supreme Court in (i) Vikas Vs. State of Rajasthan, reported in (2014) 3 SCC 321, and (ii) Inder Mohan Goswami and another Vs. State of Uttarnanchal and others, reported in (2007) 12 SCC 1, held that at the first instance, non-bailable warrants should not be issued in all circumstances. In view of this, prayer has been made to allow the writ petitions by modifying the order impugned dated 15.3.2018. Learned counsel for the petitioners have place reliance on the judgments rendered in (i) Mahendra Gaur Vs. Registrar Vigilance, RHCB Jaipur (SB Cr. Misc. Pet. N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ersy present in this case. It has been held by Hon'ble Supreme Court that though there is no term as "non-bailable" warrant used in the Code of Criminal Procedure, nevertheless this type of warrant can be issused to facilitate the executing authority as well as the person against whom the warrant is sought to be executed to make them aware as to the nature of the warrant that has been issued. It has also been held that it is the duty and discretion of the court to strike a balance between an individual's rights, liberties and privileges on one hand, and State as representative of the community, on the other. This discretion should be properly exercised after taking all the attending facts & circumstances under consideration. Thus, in my vie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chargesheet/ complaint." Replying to this question, in para 13 the Hon'ble Supreme Court has held as under: "13. When the remedy under Section 482 is available, the High Court would be loath and circumspect to exercise its extraordinary power under Article 226 since efficacious remedy under Section 482 of the Code is available...................................................................................................... . . . It has also been observed by Hon'ble Supreme Court as under: "13.......... The social stability and order requires to be regulated by proceedings against the offender as it is an offence against the society as a whole. This cardinal principle should always be kept in mind before embarking upon exercisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t that jurisdiction is not intended as an alternative remedy for relief which may be obtained in a suit or other mode prescribed by statute. Ordinarily the court will not entertain a petition for a writ under Article 226, where the petitioner has an alternative remedy, which without being unduly onerous, provides an equality efficacious remedy."........ On applying the principles laid down by Hon'ble Apex Court, in the above referred judicial pronouncement, I am of the considered view that the extra ordinary jurisdiction of this court available under Art.226/227 of the Constitution of India can be availed only in case no efficacious and effective alternate remedy is available to the petitioner. Even if an effort is made by the petitioners ..... X X X X Extracts X X X X X X X X Extracts X X X X
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