AI Overview...
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Pleading Guilty & Warrant Recall - A court cannot recall a non-bailable warrant simpliciter under Section 482 of the Criminal Procedure Code (Cr.P.C.) without the person against whom the warrant was issued approaching the court to seek recall or cancellation. Such recall does not attract inherent powers of the court automatically; the petitioner must file a specific petition for recall P. A. Saleem VS State - Crimes, P. A. SALEEM VS STATE OF MADRAS - Madras.
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Procedure for Recall of Warrants - The process involves the accused or petitioner approaching the concerned court and filing a petition to recall the warrant. The court's discretion is exercised upon such application, and the court may direct the accused to surrender or file appropriate applications for recall and bail M/s.Tej Ram Dharam Paul Private Limited vs Food Safety Officer Perambalur District - Madras, BINU T @ BONOCHAN vs AMBILY - Kerala.
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Court’s Jurisdiction & Actions Post-Guilty Finding - If a person is found guilty and absent during judgment, courts can direct the accused to appear, file applications to recall warrants, and seek bail. The court can also pass judgments on co-accused or guilty individuals, and the accused can seek recall of warrants based on circumstances like surrender or legal rights to appeal Puthuparambil Pappachan Alias Thomas, Appellant/accused VS V. State Of Kerala - Kerala, R.VIJI vs THE STATE REP. BY - Madras.
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Distinction Between Recall & Review - Recall petitions are distinct from review petitions. A recall petition seeks to set aside or cancel a warrant or judgment due to specific circumstances, such as surrender or legal rights, whereas review pertains to re-examining the judgment on grounds of errors Rohit VS Rashik - Himachal Pradesh.
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Court’s Discretion & Circumstances for Recall - The courts emphasize that recall is permissible when justified by circumstances such as surrender, legal rights, or procedural lapses. The courts do not automatically recall warrants but require proper application and justification M/s.Tej Ram Dharam Paul Private Limited vs Food Safety Officer Perambalur District - Madras.
Analysis & Conclusion:
Recalling a warrant in criminal cases is not an inherent power of the court but requires an application by the accused or interested party. The process involves approaching the court with a petition to recall or cancel the warrant, especially after surrender or in the context of legal rights like bail or appeal. Courts exercise discretion based on circumstances such as surrender, absence during judgment, or procedural lapses. The distinction between recall and review is crucial, with recall being a specific remedy for warrant cancellation. Overall, the procedure emphasizes the need for proper application and justification rather than automatic recall of warrants P. A. Saleem VS State - Crimes, P. A. SALEEM VS STATE OF MADRAS - Madras, M/s.Tej Ram Dharam Paul Private Limited vs Food Safety Officer Perambalur District - Madras, BINU T @ BONOCHAN vs AMBILY - Kerala, Rohit VS Rashik - Himachal Pradesh.
Search Results for "Pleading Guilty Warrant Recall"
• India - Crimes
JANARTHANAM
P.C. simplicitor "recall warrant" can not be stated to attract any clause of inherent power, (paras 20 and 21) ... p align="justify ... (i) Criminal Procedure Code, 1973 - Section 482 - Petition "to recall" non-bailable warrants without approaching courts concerned ... to cancel it, it is but necessary for the person against whom a warrant of arrest had been issued to approach the said Court, by ... Simpliciter, recall of a warrant, in exercise of power under Section ....
1994 0 Supreme(Mad) 527 • India - Madras
JANARTHANAM
P.C. simplicitor "recall warrant" can not be stated to attract any clause of inherent power, (paras 20 and 21) ... Criminal Procedure Code, 1973 - Section 482 - Petition "to recall" non-bailable warrants ... to cancel it, it is but necessary for the person against whom a warrant of arrest had been issued to approach the said Court, by ... ... ( 20 ) SIMPLICITER, recall of a warrant, in exercise of power under Section 482 of the Code, in anyone of these actions, is no....
2025 Supreme(Online)(Mad) 57918 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
Facts of the Case: The petitioners did not appear before the trial court, leading to the warrants being issued. ... Analysis: The appeal is filed under Sections 397 and 401 of the Code of Criminal Procedure to review the dismissal of a petition for recall ... ... ... Findings of Court: ... The court directed the petitioners to surrender by a specific date and to file a petition for recall ... On such surrender and filing of the petition to recall warrant, the trial Court is directed....
2018 Supreme(Online)(KER) 39912 • India - High Court of Kerala
SUNIL THOMAS, J
After being found guilty, the petitioner was absent during judgment pronouncement, leading to warrant issuance. ... Final Decision: Petitioner is directed to appear in court and file necessary applications to recall the warrant and seek bail ... entry and voluntary hurt, with a focus on the accused's absence during judgment pronouncement and the legal rights to appeal and recall ... Hence, the court proceeded to pronounce the judgment finding him guilty of offence pu....
2018 0 Supreme(P&H) 2758 • India - Punjab and Haryana
GURVINDER SINGH GILL
competent to segregate the case and choose to refer only those accused to CJM regarding whom he is of the opinion that they are guilty ... sentence then his jurisdiction while proceeding ahead to pass appropriate order/judgment in respect of the other co-accused found not guilty ... Reference by Magistrate—Magistrate having passed a full fledged judgment acquitting one of the co-accused while holding the petitioners guilty ... and would also be well within its jurisdiction to acquit the petitioners in case the facts and circumstances #HL_....
2019 0 Supreme(HP) 302 • India - Himachal Pradesh
SANDEEP SHARMA
compromise with the respondent and sought to bring this fact on record to set aside the judgment of the trial court holding him guilty ... Recall - Criminal Revision - Section 362 of Cr.PC - [Section 362 of Cr.PC] - The court considered the distinction between a review ... Fact of the Case: The petitioner sought to recall the judgment dated 15.7.2016, passed by the court in Criminal Revision ... There is a distinction between a petition under Article 32, a review petition and a recall petition. ... In the judgment (sup....
1993 0 Supreme(Ker) 342 • India - Kerala
L.MANOHARAN, P.A.MOHAMMAD
The court concluded that the circumstances did not warrant the imposition of the death sentence. ... The court also discussed the imposition of the death sentence and concluded that the circumstances did not warrant it, setting aside ... The court found the accused guilty based on the evidence of occurrence witnesses, recovery of incriminating items, and motive. ... We have to recall the circumstance under which the offence was committed. ... What is highlighted by the learned counsel for the appellant, is, as soon as th....
2024 Supreme(Online)(MAD) 1817 • India - High Court of Madras
Honourable Dr Justice G. JAYACHANDRAN
He absconded, leading to a warrant being issued against him. ... the warrant and apply for suspension upon surrender. ... of the Court: The court found no error in the lower appellate court's dismissal and stated the petitioner could seek to recall ... He was found guilty and convicted for the offence under Section 279 of IPC and imposed fine of Rs.1000/- in default, to undergo one month SI; for the offence under Section 338 of IPC and imposed fine of Rs.1000/- in default, to undergo one month SI; and ....
2018 0 Supreme(P&H) 3578 • India - Punjab and Haryana
AUGUSTINE GEORGE MASIH
Respondent No.1 was held guilty for contempt of court and sentenced to 15 days of simple imprisonment and a fine of Rs. 2,000. ... Final Decision: Respondent No.1 was held guilty for contempt of court and sentenced to 15 days of simple imprisonment and ... The court emphasized the importance of honoring undertakings given to the court and the consequences of willful breach, leading to ... In pursuance of production warrant issued by CJM, Ambala, respondent No. 1 Lalit Jhamb has been produced. The Superintendent of Jail,....
2016 0 Supreme(Ori) 1248 • India - Orissa
VINOD PRASAD, BISWAJIT MOHANTY
court addressed whether the case was one of homicide or suicide, and whether the chain of circumstantial evidence was complete to warrant ... It analyzed the chain of circumstantial evidence and concluded that the appellant was guilty of culpable homicide under Part-I of ... court analyzed the evidence of witnesses, the nature of injuries, and the circumstances surrounding the incident to establish the guilt ... Agrawal, learned counsel for the appellant with regard to chain of circumstantial evidence being not complete so as to the #HL_S....
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