Introduction:

In the case of CrlP 12140 of 2023, the Telangana High Court deliberated on the necessity of the accused’s presence during the recall of a Non-Bailable Warrant (NBW). The petitioner, represented by Counsel Suresh Babu Kullapareddy, contested a decision by the Judicial Magistrate First Class denying the recall of the NBW due to the accused’s non-appearance before the Court.

Arguments:

The petitioner cited the case of R. Sundar v. The Sub-inspector of police station, emphasizing that the presence of the accused during each hearing wasn’t mandatory, and the representation by legal counsel sufficed. Furthermore, medical certificates were presented to justify the inability of the accused to appear in court. The petitioner alleged that despite submitting medical certificates, the Trial Court delayed consideration and subsequently dismissed the petition. Additionally, the accused claimed harassment under the pretext of the NBW, alleging monetary exactions by the police officials.

Court’s Judgment:

Considering the precedent cited, the Telangana High Court acknowledged that the accused need not be physically present during proceedings to recall the NBW. After evaluating the provided medical certificates, the Court ruled in favor of the petitioner. The NBW issued against the accused was recalled, and the prior order of the Trial Court dismissing the petition was quashed. However, the Trial Court was granted the liberty to proceed with the case as per legal procedures.