MADAN MOHAN vs THE STATE OF RAJASTHAN

The Supreme Court held that the issuance of non-bailable warrants under Section 193 of the Criminal Procedure Code, 1973, requires a prima facie case against the accused. The Court found that the High Court erred in setting aside the Sessions Judge's order without proper consideration of the evidence against respondent Nos. 2 and 3, who were implicated in serious offences under Sections 120-B, 363, 366, 368, 370(4), and 376 IPC, along with the POCSO Act. The Court reinstated the order of the Sessions Judge, thereby allowing the issuance of non-bailable warrants against the respondents.