AI Overview...
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Section 70(2) Petition Filing - Petitions under Section 70(2) of the Cr.P.C. can be filed even in the absence of the accused to recall warrants or address issues related to non-attendance Yenkey Drugs and Pharmaceuticals Ltd. VS Bhagyanagar Chlorides P. Ltd. - Andhra Pradesh, Mohammed Faruk Vs Union Of India, Rep. By Its Investigation Officer - Madras, Mukthar Sayeed VS State of Telangana - Telangana, T. Raghu Babu VS State Of Telangana - Telangana.
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Court's Discretion and Proceedings - Courts have the discretion to proceed with trials despite the accused's absence, especially when the absence is condoned or justified, and such proceedings do not necessarily impede the trial process Mohammed Faruk Vs Union Of India, Rep. By Its Investigation Officer - Madras.
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Warrant Recall and Non-Attendance - Petitions to recall non-bailable warrants (NBW) under Section 70(2) are permissible, and courts consider factors like the accused's health, reasons for absence, and urgency of proceedings Yenkey Drugs and Pharmaceuticals Ltd. VS Bhagyanagar Chlorides P. Ltd. - Andhra Pradesh, Mukthar Sayeed VS State of Telangana - Telangana, T. Raghu Babu VS State Of Telangana - Telangana.
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Differences in Legal Provisions - The distinction between arrest warrants under Section 70 and other proceedings (like Section 438 applications) is noted, emphasizing that petitions under Section 70(2) are specifically aimed at recalling warrants when the accused is absent Narayan @ Narayan Sai @ Mota Bhagwan S/o Ashram Bapu VS State of Gujarat - Gujarat.
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Judicial Approach - Courts exercise judicious discretion when handling petitions under Section 70(2), balancing the rights of the accused with the needs of the trial, and may dismiss petitions if the absence is unjustified or if the accused fails to appear despite notices State through the Idol Wing Crime Investigation Department VS Subash Chandra Kapoor, Represented by Sushma Rani Sareen - Madras, Manohar Lal Saini VS State of Rajasthan - Rajasthan.
Analysis and Conclusion:
Petitions under Section 70(2) of the Cr.P.C. are valid and can be filed even when the accused is absent, primarily to recall warrants or address non-attendance issues. Courts have the authority to consider such petitions, exercise discretion based on circumstances like health or urgency, and proceed with trials to ensure justice. The legal framework recognizes that the absence of the accused does not necessarily halt proceedings, provided appropriate petitions are filed and justified Yenkey Drugs and Pharmaceuticals Ltd. VS Bhagyanagar Chlorides P. Ltd. - Andhra Pradesh, Mohammed Faruk Vs Union Of India, Rep. By Its Investigation Officer - Madras, Mukthar Sayeed VS State of Telangana - Telangana, T. Raghu Babu VS State Of Telangana - Telangana.
Search Results for "Under Section 70 2 Petition can be Filed in the Absence of Accused Also"
2002 0 Supreme(AP) 1390 • India - Andhra Pradesh
P.S.NARAYANA
a petition under section 70 (2) Code of Criminal procedure hereinafter referred to as code for short to recall warrant, bearing ... Criminal procedure Code - Section 70 - Attendance - Examination - Condone absence - Urgency - Alleged - ... in attending courts and in several matters applications will be filed to dispense with attendance accused in a routine way explaining ... It is sta ted that the petitioner filed ....
2013 0 Supreme(Guj) 715 • India - Gujarat
HARSHA DEVANI
Code against the petitioner and other co-accused -Held, Petitioners submitted that the consequences of arrest under section 41 of ... It appears that the first petitioner also filed an application under section 438 of the Code before the Sessions Court, at Surat ... the Code and arrest under a warrant under section 70 of the Code are different and as such, the petitions are required to be decided ... and out of the said accused, Nar....
2025 0 Supreme(Mad) 2859 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S.RAMESH, N.SENTHILKUMAR, JJ
The court also noted that the absence of the accused does not necessarily impede trial proceedings. ... exercise discretion in a judicious manner when dealing with petitions under Sections 317 and 70(2) Cr.P.C., stressing that such ... (A) National Investigation Agency Act, 2008 - Sections 16(1)(a), 18 - Criminal Procedure Code, 1973 - Sections 317, 70(2), 273 ... date or under Section#H....
2012 0 Supreme(Mad) 2092 • India - Madras
S.NAGAMUTHU
approached the learned Magistrate under Section 70(2) of Cr.P.C. for recall of warrant, the learned Magistrate ought to have considered ... EXTRADITION ACT - Section 29 - Theft of idols of Panchaloka in an ancient temple - Accused hiding in Foreign Country - Extradition ... · and all the other attending circumstances and also to consider fact that the presence of the accused is very much required by the ... With respect, I have to state that I have my own doubt about ....
2015 0 Supreme(Raj) 603 • India - Rajasthan
MOHAMMAD RAFIQ, PRAKASH GUPTA
- Complainant filed under Section of Code of Criminal procedure vide which court has taken cognizance against them - While charge ... - sheet was filed by police against other accused for offence Investigating Officer kept investigation pending against three petitioners ... the Code, summoning the accused by bailable warrant would be analogous to grant of bail - If accused has appeared not only on first ... The Supreme Court in this case analyzed the provisions of Sections#H....
• India - Crimes
B.N.AGARWAL, G.S.SINGHVI, AFTAB ALAM
... 2.Present Appeal has been filed against said order of High Court ... 53 read with section 45 of the Penal Code meant imprisonment for the rest of life of the prisoner and two, a convict undergoing ... actually serving out the term of twenty years, as the case may be, mainly on two premises; one, an imprisonment for life, in terms of section ... State of Maharashtra, (supra) has filed a writ petition under Article 32 of the Constitution before this Court (Writ Petition#HL_....
2019 0 Supreme(Telangana) 318 • India - Telangana
G.SRI DEVI
Indian Penal Code – Sections 341, 323, 506, 509 – Criminal Procedure – Section 313, 317, 70 (2), 482 – Petition ... Court due to ill-health petitioner filed petition to condone his absence, dismissing said petition, trial Court issued N.B.W against ... absence, dismissing said petition, trial Court issued N.B.W against petitioner petitioner filed petition seekin....
2006 0 Supreme(Mad) 790 • India - Madras
M.JEYAPAUL
Act, 1988, Section 109 of the Indian Penal Code - [70(2), 317, 205, 13(2) r/w 13(1)(e) of Prevention of Corruption Act, 1988, Section ... 1988 and the Indian Penal Code, filed petitions under Sections 70(2), 317, and 205 of the Code of Criminal Procedure seeking to recall ... Code of Criminal Procedure - Non-bailable Warrant - Sections 70(2), 317, 205 - 13(#HL_S....
2020 0 Supreme(Mad) 197 • India - Madras
P.RAJAMANICKAM
file a petition under Section 70(2) of Cr.P.C within a week. ... The accused then filed a petition to recall the NBW without appearing before the trial court. ... Negotiable Instrument Act - Criminal Revision Case - Section 138 of Negotiable Instrument Act - Section 251, 317, 70(2) of Cr.P.C ... On 20.01.2020 also, the petitioner did not appear and hence the case was adjourned to....
2020 0 Supreme(Telangana) 452 • India - Telangana
G.SRI DEVI
Criminal Procedure Code, 1973 - Section 70(2) – Nature of Offence - Non Bailable Warrant - Every such warrant ... filed by petitioner to recall said order was dismissed and subsequently also, as accused was absent, trial Court issued fresh NBW ... was present, but accused was absent when case was called and therefore, trial Court issued NBW against the petitioner and that petition ... On 20.12.2019, the petitioner filed Crl.M.P.No.2....
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