Accused's Presence In Court Not Mandatory To Recall Non-Bailable Warrant Against Him, Counsel's Present Sufficient: Telangana High Court

The Telangana High Court has retracted a NBW (Non-bailable warrant) holding that the accused need not be present during proceedings when his application for recall of NBW was being considered and that the presence of his counsel would be sufficient.

The Bench of Justice P. Madhavi Devi has passed the order in a plea filed by the accused against a docket order passed by the Judicial Magistrate First Class wherein a petition to set aside his NBW was dismissed for non-appearance before the Court.

The accused/petitioner relied upon R. Sundar v. The Sub-inspector of police station, Lalgudi, Lalgudi Taluk, Trichy District (2022) to contend that the accused need not be present at each date of hearing and the presence of his Counsel would be sufficient. The petitioner also filed a series of medical certificates, to prove his inability to appear before the Court.

He contended that without considering the medical certificates, the Trial Court kept his petition pending for a week, after which, it was dismissed. The accused further alleged that, under the cover of the NBW, the police officials had picked him up and that he was made to pay amounts to the complainant.

The Bench referring to the judgement cited by the accused, conceded that the presence of the accused need not be insisted upon during the proceedings to recall NBW. After analyzing the medical certificates, the Bench held:

“This Court has also perused the medical certificate submitted by the petitioner for his not being able to be present before the trial Court on the dates fixed for his appearance and hearing. In view of the same, this Court is inclined to recall the NBW issued on 05.10.2023 against the petitioner/accused by the trial Court and it is accordingly recalled and the Docket order dt.05.12.2023 in Crl.M.P.No.1114 of 2023 in C.C.No.4637 of 2022 passed by the trial Court is quashed. The trial Court is at liberty to procced with the matter in accordance with law.”

The petition was thus allowed, and the Non-Bailable Warrant was retracted.

CrlP 12140 of 2023

Counsel for petitioner: Suresh Babu Kullapareddy

Counsel for respondent: Public Prosecutor

Click Here To Read/Download Order