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Recalling of warrant without presence of accused depends on facts

Courts can entertain petitions to recall non-bailable arrest warrants (NBWs) without insisting on the presence of people against whom they had been issued, but it does not mean the practice should be followed invariably in all cases irrespective of the conduct of the person concerned, the Madras High Court Bench here has said.

Justice S. Vimala made the observation while rejecting the plea of Shanmugapandian, an accused in a criminal case, to direct the Valliyoor Judicial Magistrate in Tirunelveli district to recall an NBW without insisting upon his appearance.

The judge said the Magistrate could at most be directed to consider the plea for recall of warrant right on the day when the petitioner surrenders.

 Article referred: http://www.thehindu.com/news/cities/Madurai/recalling-of-warrant-without-presence-of-accused-depends-on-facts-says-court/article8750194.ece

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