AI Overview...
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Presence of accused not mandatory for recall of NBW - Multiple sources confirm that under Section 70(2) of the Cr.P.C., physical presence of the accused is not essential for proceedings related to recalling a non-bailable warrant (NBW). Representation through counsel is sufficient, and courts have upheld this principle in various cases. Shaik Nazeer Basha vs The State of Telangana - Telangana, Arige Venkataramaiah VS State of Telangana - Telangana, M. Senthil Kumar VS S. Periyasamy - Madras
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Court rulings affirming non-requirement of accused's physical presence - Courts have consistently held that the recall of NBWs can be sought without the accused surrendering or being physically present, especially when represented by legal counsel. This approach facilitates justice while considering the health and circumstances of the accused. Arige Venkataramaiah VS State of Telangana - Telangana, M. Senthil Kumar VS S. Periyasamy - Madras, Shaik Nazeer Basha vs The State of Telangana - Telangana
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Procedural considerations and limitations - While the law permits recall applications without physical appearance, some cases emphasize the importance of proper procedural compliance, such as filing applications timely and ensuring the court considers the circumstances of the accused. The courts have also distinguished between bail procedures and recall of NBWs, clarifying that the latter does not necessarily require surrender or presence. Nithin Nair VS State rep. by The Inspector of Police, CBI/ACB, Chennai - Madras, Manohar Lal Saini VS State of Rajasthan - Rajasthan, Shaik Nazeer Basha vs The State of Telangana - Telangana
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Exceptions and special circumstances - In cases involving serious offences or where the accused's presence is crucial for effective proceedings, courts may exercise discretion. However, the default position remains that physical presence is not mandatory for recall petitions under Section 70(2). Saran Gopal Krishnan VS Narcotics Control Bureau, Kolkata - Calcutta, Movva Ramakrishna VS Kommareddy Rambabu - Telangana
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Judicial approach towards health and age of accused - Courts have shown flexibility in allowing recall of NBWs considering the health, age, and other hardships faced by the accused, permitting applications to be filed and considered without personal appearance. Mrs. Maahavi and another vs The State of Telangana and another - Telangana, Arige Venkataramaiah VS State of Telangana - Telangana
Analysis and Conclusion
The legal consensus across the cited cases is clear: under Section 70(2) of the Cr.P.C., the accused's physical presence is not a prerequisite for seeking recall of a non-bailable warrant. Representation through counsel suffices, and courts have upheld this principle to ensure procedural fairness and accommodate the circumstances of the accused. However, proper procedural adherence remains essential, and courts may exercise discretion based on the gravity of the offence or the accused's condition. This approach balances the enforcement of criminal process with the rights and well-being of the accused.
References: - Shaik Nazeer Basha vs The State of Telangana - Telangana - Arige Venkataramaiah VS State of Telangana - Telangana - M. Senthil Kumar VS S. Periyasamy - Madras - Nithin Nair VS State rep. by The Inspector of Police, CBI/ACB, Chennai - Madras - Manohar Lal Saini VS State of Rajasthan - Rajasthan - M. Senthilkumar VS P. Ramalingam - Madras - Saran Gopal Krishnan VS Narcotics Control Bureau, Kolkata - Calcutta - Movva Ramakrishna VS Kommareddy Rambabu - Telangana - Mrs. Maahavi and another vs The State of Telangana and another - Telangana
Search Results for "Section 70 2 Cr P C Seeking Recall of the N B W Without the Presence of Accused Also"
2024 Supreme(Online)(TEL) 22961 • India - High Court of Telangana
E. V. VENUGOPAL, J
The trial Court issued the warrant without considering the prior ruling that presence of the accused is not mandatory. ... (A) Code of Criminal Procedure, 1973 - Section 70(2) - Non-Bailable Warrant - The petitioner contended that he was absent due to ... can be represented by counsel during proceedings for recall of NBW, and physical presence is not required. ... The counsel on record immediately filed an application under section ....
2025 0 Supreme(Telangana) 268 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NARSING RAO NANDIKONDA
... ... Ratio Decidendi: The court concluded that the presence of accused is not required for hearings seeking recall of NBWs, affirming ... issued against accused for failure to appear - Trial Court erred in dismissing petitions to recall warrants without considering ... the importance of allowing accused to contest cases without unnecessary insistence on their physical presence during proceedings ... On 22.04.20....
2016 0 Supreme(Mad) 2760 • India - Madras
P.DEVADASS
He sought anticipatory bail but failed, and subsequently filed petitions to recall the NBWs without surrendering before the trial ... Issues: The issues revolved around the petitioner's eligibility to recall NBWs without surrendering and the distinction between ... The Court distinguished between bail jurisdiction under Section 438 Cr.P.C. and revisional jurisdiction under Section 397 r/w 401 ... Thereafter, he filed Cr.M.P.No.918 of 2016 in C.C.No.6 of 2014 and Cr.M.P.No.924 of 2016 ....
2015 0 Supreme(Raj) 603 • India - Rajasthan
MOHAMMAD RAFIQ, PRAKASH GUPTA
thereof court ought to refrain from sending him to jail subsequently without there being any supervening circumstance - If court ... the Code, summoning the accused by bailable warrant would be analogous to grant of bail - If accused has appeared not only on first ... acquires some semblance of right to be heard if order accepting such final report is challenged any further which cannot be annulled without ... The Supreme Court in this case analyzed the provisions of Sections 70 and 7....
2016 0 Supreme(Mad) 1021 • India - Madras
M.VENUGOPAL
Negotiable Instrument Act - Section 138 - Criminal Procedure Code,1973 - Sections 70(2), 389(1) , 87, 71 ... presence is necessary, and since Section - Court taking note of essential fact that in regard to revision against conviction and ... without surrendering and confinement is well - Criminal Revision Petition is allowed ... It is evident that on 23-08-2002 the petitioners have filed an application under Section 70 (2....
2016 0 Supreme(Mad) 95 • India - Madras
M.VENUGOPAL
Act - Criminal Revision - Section 138 of N.I. Act, Section 389(1) of Cr. P.C., Section 353 of Cr. P.C., Section 70(2) of Cr. ... issued a Non-Bailable Warrant (NBW) for the petitioner's arrest, leading to the petitioner filing a Criminal Revision Petition seeking ... Finding of the Court: The court found that the trial court's issuance of the NBW without providing the petitioner an ... It is to be remembered that even if the learned counsel is not ....
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 ... (A) Code of Criminal Procedure, 1973 - Section 70 - Non-Bailable Warrant - The petitioner sought quashing of the Docket Order and ... ... ... Ratio Decidendi: The court affirmed that representation by counsel suffices for the recall of NBW without the accused's physical ... The Sub Inspector of Police (supra), wherein the Hon....
2019 0 Supreme(Telangana) 77 • India - Telangana
B.SIVA SANKARA RAO
it is not even the case that the signatures put by the petitioners/accused in the warrant recall petition in the Court and submitted ... 2 and 3 of Section 340 Cr.P.C. on such enquiry contemplated by sub-section (1) of Section 340 Cr.P.C - Here, as observed supra, ... 340 Cr.P.C. to initiate, as per the private complaint procedure, proceedings against the accused for the offence under Section 195 ... appearance of A.2 to A.6 persona....
2024 0 Supreme(Cal) 861 • India - Calcutta
SHAMPA DUTT (PAUL)
Narcotic Control Bureau - Criminal Procedure Code - Section 73, Section 70(2) of Cr.P.C. - Section 29 of the Extradition Act - ... The court also noted the non-appearance of the petitioner and the commencement of trial for other accused persons. ... It also highlights the gravity of the offences, the role played by the accused, and the need for custodial interrogation in such ... Therefore, when the Accused approac....
2025 Supreme(Online)(Tel) 16205 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J. SREENIVAS RAO, J
The court directed the petitioners to file for recall within two weeks, and the trial court to consider their application without ... requiring personal presence, considering their health and age. ... The petitioners, accused No.5 and 6, argue that they did not appear in the lower court due to health issues, resulting in unjust ... The record further discloses that the petitioners have not approached the trial Court and filed application seeking to recall the N.B.Ws which is available ....
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