SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1994 Supreme(Mad) 527

JANARTHANAM
P. A. SALEEM – Appellant
Versus
STATE OF MADRAS – Respondent


For the Appearing Parties:M. Karpagavinayagam, R. Raghupathy, Advocates.

Judgement Key Points

Based on the provided legal document, here are the key points regarding the recall of non-bailable warrants and the inherent powers of the High Court under Section 482 of the CrPC:

  • Proper Procedure for Recall: An accused against whom a non-bailable warrant has been issued must approach the specific Court that issued the warrant by personal appearance to apply for its cancellation; they cannot bypass this court to seek recall directly from the High Court (!) (!) .
  • Prohibition of Immediate Custody: Once an accused appears voluntarily before the issuing court with a petition for cancellation, the court must not immediately take them into custody or send them to prison without first passing an order on the petition (!) (!) .
  • Court's Duty Upon Appearance: The issuing court must pass an order on the cancellation petition forthwith without delay. If the order is favorable, the warrant is cancelled and the accused is bound over to appear; if unfavorable, the accused is taken into custody or released on bail (!) (!) .
  • Remedies Against Refusal: If an accused is aggrieved by the refusal of the Magistrate to cancel the warrant, they can file a revision under Section 397 or 401 of the Code. They may only invoke the High Court's inherent powers under Section 482 if there are grounds to prevent abuse of process or secure the ends of justice after exhausting the revision remedy (!) (!) .
  • Inapplicability of Section 482 for Simpler Recall: Section 482 (inherent powers) is not attracted for the simpliciter (simple) recall of a warrant, as specific provisions under Section 70(2) and revision sections provide adequate remedies for this purpose (!) (!) .
  • Applicability of Section 482 for Execution: Section 482 is attracted only when there is a need to direct the execution of a warrant (e.g., issuing a direction to a police officer for immediate compliance) to prevent obstruction of the trial (!) (!) .
  • Duration of Warrants: A warrant of arrest issued by a court remains in force beyond the date fixed for its return until it is either cancelled by the issuing court or executed (!) (!) .
  • Impact on Speedy Trial: The practice of recalling warrants directly from the High Court without approaching the issuing court has led to frequent absences of accused persons, prolonging trials and violating the right to a speedy trial under Article 21 of the Constitution (!) (!) .

Judgment :

JANARTHANAM, J.

( 1 ) THESE petitions coming on for hearing on Monday, the 27th day of June 1994, upon perusing the petitions and upon hearing the arguments of Mr. M. Karpagavinayagam, Advocate for the petitioner in Cr1. O. P. No. 3995/94 and of Mrs. S. Panneerselvam, Advocate for the petitioner in Cr1. O. P. Nos. 4810 to 4813 of 1994, and of Mr. George Charles, Advocate for the petitioner in Cr1. O. P. No. 4925 of 1994, and of Mr. G. Jeremiah, Advocate for the Petitioner in Cr1. O. P. Nos. 4934 and 4975 of 1994, and of Mr. K. P. Muthu Mohan, Advocate for the petitioner in Cr1. O. P. No. 4966 of 1994, and of Mr. B. Kumar, Advocate for the petitioner in Cr1. O. P. No. 4968/ 94, and of Mr. S. Ashok Kumar, Advocate for the petitioner in Cr!. O. P. No. 4970/94 and of Mr. N. Pappiah, Advocate for the petitioner in Cr1. O. P. No. 4972/94 and of Mr. T. Baskaran, Advocate for the petitioner in Cr1. O. P. No. 4979/94 and of Mr. P. Punniyakotti, Advocate for the petitioner in Cr1. O. P. No. 4984/94, and of Mr. K. Sampathkumar, Advocate for the petitioner in Cr1. O. P. No. 4989/94, and of Mr. P. Rajendra, Advocate for the Petitioner in Cr1. O. P. No. 4990/94, 4992/94, 5136/94, and o



























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top