AI Overview...
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Presence Not Necessary for Warrant Recall - Multiple court rulings establish that the physical presence of the accused is generally not required for recalling a non-bailable warrant (NBW). Courts have emphasized that unless the accused's presence is specifically necessary for the trial or proceedings, warrants can be recalled in their absence. For example, the Hon’ble High Court observed that the accused need not be present during recall proceedings Arige Venkataramaiah VS State of Telangana - Telangana, and courts have routinely allowed recall of warrants without insisting on physical attendance Yenkey Drugs and Pharmaceuticals Ltd. VS Bhagyanagar Chlorides P. Ltd. - Andhra Pradesh, Karuppiah @ Chinnathambi VS Inspector of Police, Embal Police Station, Avudaiyarkoil Taluk, Pudukottai District - Madras, M/S.MANGALAM PUBLICATIONS (INDIA) LTD Vs M/S.GODREJ & BOYCE MFG.CO.LTD - Kerala.
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Legal Provisions Supporting Absence - Sections like 70(2) of the Cr.P.C. provide the legal framework for recalling warrants and dispensation of personal appearance when appropriate. Courts have clarified that exercising powers under these provisions does not violate procedural law, especially when the accused's presence is not deemed essential Francis Xavier VS Neelamegam, Inspector of Police, Pondy Bazaar Police Station, Madras - Madras, SAKEER HUSSAIN Vs STATE OF KERALA - Kerala.
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Conditions and Exceptions - While absence is generally acceptable, courts may require the accused’s presence if their presence is crucial for specific proceedings or if their absence impedes justice. In certain cases, courts have considered the health or other compelling circumstances of the accused before recalling warrants Nalavirumbi @ Balakrishnan VS State - Madras.
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Overall Conclusion - The consensus across judicial decisions and legal provisions is that accused presence is not a prerequisite for warrant recall, provided that the court's primary objective of ensuring justice and procedural fairness is maintained. Courts have the authority to recall warrants in the absence of the accused unless their presence is specifically mandated for the trial or proceedings Arige Venkataramaiah VS State of Telangana - Telangana, Karuppiah @ Chinnathambi VS Inspector of Police, Embal Police Station, Avudaiyarkoil Taluk, Pudukottai District - Madras.
References: - Arige Venkataramaiah VS State of Telangana - Telangana - Yenkey Drugs and Pharmaceuticals Ltd. VS Bhagyanagar Chlorides P. Ltd. - Andhra Pradesh - Karuppiah @ Chinnathambi VS Inspector of Police, Embal Police Station, Avudaiyarkoil Taluk, Pudukottai District - Madras - M/S.MANGALAM PUBLICATIONS (INDIA) LTD Vs M/S.GODREJ & BOYCE MFG.CO.LTD - Kerala - Francis Xavier VS Neelamegam, Inspector of Police, Pondy Bazaar Police Station, Madras - Madras - SAKEER HUSSAIN Vs STATE OF KERALA - Kerala - Nalavirumbi @ Balakrishnan VS State - Madras
Search Results for "Accused Presence is Not Necessary for Warrant Recall"
2023 0 Supreme(Telangana) 986 • India - Telangana
T. MADHAVI DEVI
recall of NBW issued due to absence during hearings - The court ruled that the presence of the accused is not necessary during proceedings ... ... ... Issues: The main issue was whether the accused's presence was required during recall proceedings. ... presence. ... The Sub Inspector of Police (supra), wherein the Hon’ble High Court has observed that the presence of the accused need not be insis....
2002 0 Supreme(AP) 1390 • India - Andhra Pradesh
P.S.NARAYANA
dismissed on sole ground that petitioner was not present - It is further stated that presence accused is not necessary for recalling ... a warrant - Held, In matters of recalling of warrants accused who are expected to attend court with all promptness very often will ... that the petitioner filed a petition under section 70 (2) Code of Criminal procedure hereinafter referred to as code for short to recall ... But, however, the said ....
2014 0 Supreme(Mad) 3779 • India - Madras
P.DEVADASS
Court to recall the Non-Bailable Warrant (NBW) issued against him without requiring his physical presence. ... Issues: The issue revolved around whether the physical presence of the accused was necessary for recalling the NBW and the ... NBW - Criminal Procedure - Court directed the Magistrate not to insist on the physical presence of the accused for recalling the ... The learned counsel for the petitioner would submit that for rec....
2006 0 Supreme(Mad) 790 • India - Madras
M.JEYAPAUL
a non-bailable warrant pending against her, and her presence was necessary for crucial hearings. ... the non-bailable warrant, condone her absence, and dispense with her presence. ... Issues: The issues involved the petitioner's request to recall the non-bailable warrant, condone her absence, and dispense ... The third accused, who has not chosen to show up before the Court in spite of the non-bailable warrant pen....
2010 Supreme(Online)(KER) 45000 • India - High Court of Kerala
M.SASIDHARAN NAMBIAR, J
of the accused unless necessary. ... It granted liberty to recall the non-bailable warrant and continue proceedings in absence. ... O R D E R Petitioner is the accused ... If such an application is filed, learned Magistrate to pass appropriate order, in accordance with law and unless presence of the petitioner is needed for the purpose of trial for any particular cause, it must be shown in the order.
2016 0 Supreme(Mad) 4024 • India - Madras
M.VENUGOPAL
on a given day was not a deliberate one it can recall the warrant if there is an imminent deed/if situation so warrants, based on ... M.P. passed by the trial court, the Learned Counsel for the Revision Petitioner/Accused contends that the impugned order passed by ... is illegal, improper and incorrect one in the eye of Law - Held, If the Court is subjectively convinced that the absence of an accused ... No. 1121 of 2012 before the trial court that he is still bedridden and is unable t....
2012 0 Supreme(Mad) 2092 • India - Madras
S.NAGAMUTHU
be appropriate - for the learned Magistrate to recall the Non Bailable Warrant issued to secure his presence - Recall order of Magistrate ... the learned Magistrate under Section 70(2) of Cr.P.C. for recall of warrant, the learned Magistrate ought to have considered the ... · and all the other attending circumstances and also to consider fact that the presence of the accused is very much required by the ... When the said warrant is ....
2022 0 Supreme(Ker) 952 • India - Kerala
P. V. KUNHIKRISHNAN
alleged against Chief Judicial Magistrate - Chief Judicial Magistrate forged evidence of an Investigating officer and convicted accused ... constitutional courts should step in to strengthen trust of people in judiciary - Magistrate, Judges and other presiding officers are not ... The case of the petitioners is that, on 19.10.2022, even though the witnesses were not present, the learned Chief Judicial Magistrate issued warrant to the petitioners. The accused persons subsequently advanced the case and ap....
2008 Supreme(Online)(KER) 41052 • India - High Court of Kerala
V.RAMKUMAR, J
The court ruled that personal appearance of accused in Section 138 cases is generally not necessary, allowing exemption applications ... allowed the recall of warrants and granted the application for personal exemption under Section 205 of the Cr.P.C. ... and recalling warrants issued against accused. ... The grievance of the petitioners is that since non-bailable warrants have been issued against the petitioners and the prayer in Annexure D applicat....
1995 0 Supreme(Mad) 36 • India - Madras
S.M.ALI MOHAMED
Code of Criminal Procedure, 1994-Secs. 70(2) and 482- Provisions of Section 70(2) not a bar in exercise of power u/s 482 by the High ... Code which states that the evidence is to be taken in the presence of the accused person. ... or cancel the non-bailable warrant and direct the accused to appear before the Magistrate/trial court on a particular date and the same has been misused by the accused. ... Therefore, the learned Public Prosecutor submitted that there is no illegality committ....
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