The accused’s physical presence is not mandatory during the proceedings for the recall of a Non-Bailable Warrant (NBW): HC of Telengana
Title:
Citation: Criminal Petition NO: 12140 of 2023
Dated on: 5.12.2023
Corum: The Hon’ble Mr. Justice T. MADHAVI DEVI
Facts of the Case
The Criminal Petition No. 12140 of 2023 was filed by Arige Venkata Ramaiah, S/o Kotaiah Chary, The petitioner sought quashing of the Docket Order dated 05.12.2023 in Crl.M.P.No.1114 of 2023 in C.C.No.4637 of 2022 in crime No 375 of Junior civil Judge-cum-rv Additional Metropolitan Magistrate. The High Court of Telangana at Hyderabad quashed the Docket order dated 05.12.2023 in Crl.M.P.No.1114 of 2023 in C.C.No.4637 of 2022. The court directed the petitioner to appear before the magistrate within one week and directed the magistrate to admit the plea for surrender and bail application as per law.
Legal Provision
Section 70 of the Code of Criminal Procedure, 1973 mandates that every warrant of arrest issued by a court must be in writing, signed by the presiding officer of such court, and bear the seal of the court. The warrant remains in force until it is cancelled by the court which issued it, or until it is executed.
Court Analysis and Judgement
Hon’ble Justice T. MADHAVI DEVI from the High Court of state of Telangana looking into the facts and merits of the case and upon looking into other precedents came to the decision of Allowing the Criminal Petition.
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Written by- Namitha Ramesh