Venus Remedies Ltd and Ors Vs State of Karnataka on 30 Oct 2023

Posted on February 7, 2024 by ShadesOfKnife

A single judge of Dharwad bench of Karnataka HC held as follows:

From Paras 10 and 11,

10. In the application filed by the petitioners seeking recall of NBW, they have undertaken to appear before the Court if sufficient time is granted to them in para 13 of their application. The application of the petitioners seeking recall of NBW came to be rejected on the ground that they are not physically kept present. The Hon’ble Apex Court in SATENDER KUMAR ANTIL case (supra) as held that the NBW may be cancelled or converted into a bailable warrant/summons without insisting physical appearance of accused, if such an application is moved on behalf of the accused before execution of the NBW on an undertaking of the accused to appear physically on the next date/s of hearing.
11. The learned Magistrate erred in rejecting the application seeking recall of NBW only ground that they were not kept present either physically or in Video Conference and no affidavit is filed undertaking to appear on the next date on hearing. The application itself contains an undertaking of the accused persons that they will appear if sufficient time is given to them in para 13 of their application.

Venus Remedies Ltd and Ors Vs State of Karnataka on 30 Oct 2023

Index of NBW Judgments is here.

Satender Kumar Antil Vs CBI and Anr on 07 Oct 2021 (and other Directions)

Posted on February 7, 2024 by ShadesOfKnife

A division bench of Apex Court passed these guidelines with respect to issue of Summons and Warrants and Recall of NBW,

After filing of chargesheet/complaint taking of cognizance
a) Ordinary summons at the 1st instance/including permitting appearance through Lawyer.
b) If such an accused does not appear despite service of summons, then Bailable Warrant for physical appearance may be issued.
c) NBW on failure to failure to appear despite issuance of Bailable Warrant.
d) NBW may be cancelled or converted into a Bailable Warrant/Summons without insisting physical appearance of accused, if such an application is moved on behalf of the accused before execution of the NBW on an undertaking of the accused to appear physically on the next date/s of hearing.
e) Bail applications of such accused on appearance may be decided w/o the accused being taken in physical custody or by granting interim bail till the bail application is decided.

Satender Kumar Antil Vs CBI and Anr on 07 Oct 2021

Citations: [(2021) 10 SCC 773], [2022 LiveLaw (SC) 577]

Other Sources:

https://indiankanoon.org/doc/16350770/

https://www.casemine.com/judgement/in/62ba660db50db90d4b55ecaf

A corrected Reportable judgment is passed on 11 Jul 2022…

Satender Kumar Antil Vs CBI and Anr on 11 Jul 2022

Further time is given to comply with the directions earlier given on 03 Feb 2023…

Satender Kumar Antil Vs CBI and Anr on 03 Feb 2023

Supreme Court also directed as follows.

The judgment in the present case i.e. “Satender Kumar Antil Vs. CBI” reported in (2022) 10 SCC 51 and the judgment in Siddharth’s case (supra) should be incorporated as part of the curriculum of the State Judicial Academies and the National Judicial Academy.

Interim directions given on 21 Mar 2023 considering the States and High Courts did not provide the required information to Amicus

Satender Kumar Antil Vs CBI and Anr on 21 Mar 2023

Some individual cases were filed alleging non-compliance of this Order by some Magistrates… SC passed this order on 02 May 2023

Satender Kumar Antil Vs CBI and Anr on 02 May 2023

Final Judgment on 13 Feb 2024

Satender Kumar Antil Vs CBI and Anr on 13 Feb 2024

Supreme gave another ‘last’ change on 07 May 2024 to file affidavits that have not complied with the directions issued in this case.

Satender Kumar Antil Vs CBI and Anr on 07 May 2024

Notices must not be issued via WhatsApp, says Supreme Court.

Satender Kumar Antil Vs CBI on 21 Jan 2025

Negating the plea of State of Haryana, Supreme Court held that notices u/s 41A of Cr.P.C. or u/s 35 of BNSS cannot be sent via WhatsApp or any other electronic communication medium, unlike section 530 BNSS, which mandates that, Trials, Inquires and Proceedings that may be held in electronic mode, by use of electronic communication or use of audio-video electronic means.” So, Parliament says, Courts can use technologia but Police must use postman.

Satendar Kumar Antil Vs CBI and Anr on 16 Jul 2025

Index of NBW Judgments is here.

R.Sundar Vs The Sub Inspector of Police on 12 Oct 2023

Posted on February 7, 2024 by ShadesOfKnife

A single judge of Madurai bench of Madras High Court held that, the court can recall NBW without insisting upon the presence of the accused.

From Para 6,

6.On hearing both, it is clear that the revision petitioner is Accused No.1 in C.C.No.95 of 2007 on the file of the Judicial Magistrate Court, Lalgudi. Already NBW is pending against Accused No.2 from the year 2013. NBW was also pending against Accused No.3, who filed the petition to recall NBW and the same was allowed on 12.09.2023. Admittedly the petitioner was directed to appear for hearing, but he filed the petition for dispense of his presence. On perusal of decision of this Court relied on by the petitioner, there is no wrong the presence of an accused for any effective hearing. On perusal of impugned order, there is nothing mentioned about any of effective hearing. Further, in the absence co-accused, no effective hearing can be made in the main case. This Court already held that while recalling NBW appearance of accused need not be insisted upon. At the same time, the accused has to be present when the case is posted for any effective hearing. In this case, when NBWs are pending against co-accused there would not be any effective hearing. However, it is stated that the petitioner has not been appearing before the Trial Court for several years, in such circumstance, there is nothing wrong in passing order for his appearance. In the above circumstances, this Court is inclined to allow this Criminal Revision Case with conditions by setting aside the impugned order.

R.Sundar Vs The Sub Inspector of Police on 12 Oct 2023

Index of NBW judgments here.

Arige Venkataramaiah Vs State of Telangana on 20 Dec 2023

Posted on February 7, 2024 by ShadesOfKnife

A single judge of Telangana High Court held that, the court can recall NBW without insisting upon the presence of the accused.

From Para 5,

5. Having regard to the rival contentions and the material on record, this Court finds that under Section 70 of the Code of Criminal Procedure (‘Cr.P.C.’ in short), the Court can issue a warrant in writing and under sub-section (2) thereof, every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed. The petitioner claims to have filed the application for recall of the NBW and it is his case that the accused can be represented by his counsel and he need not be present physically during the proceedings when the application for recall of NBW is being considered. In support of this contention, he placed reliance upon the judgment of Madurai Bench of Madras High Court in the case of R.Sundar Vs. The Sub Inspector of Police (1 supra), wherein the Hon’ble High Court has observed that the presence of the accused need not be insisted upon during the proceedings for recall of NBW.

Arige Venkataramaiah Vs State of Telangana on 20 Dec 2023

Index of NBW judgments here.

S.Sundar Vs State of Tamilnadu on 02 Mar 2016

Posted on February 7, 2024 by ShadesOfKnife

A single judge of Madras High Court held that, the court can recall NBW without insisting upon the presence of the accused.

From paras 7-9,

7. The learned counsel for the petitioner would submit that in this branch of law, there is march of law. Earlier, there used to be not entertaining such recall petitions when the accused was not present in the court. This conception of compulsion of the presence of accused has been departed because
of change in the judicial thinking. The fact that the accused, who is stated to have eluded has since engaged a counsel and wanted to participate in the criminal proceedings had effect on the courts.
8. The learned counsel for the petitioner would submit that without insisting upon the presence of the accused, the court can recall NBW. I hasten to add that the courts can impose certain conditions, but it should not be harsh or conditions should not be to terrorise the accused. In support of his said view, the learned counsel would cite the following decisions:
(i) VALAMPURI JOHN V. PETER JAMES [1997(2) MWN (CR.) 196
(ii) VALIULLAZ SHERIF V. STATE BY INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NELLORE [2000(3) MWN 28
(iii) SIRUGUDUGU NAGA VENKATA DURGAKUMARI V. SIRUGUDU JHANSILAKSHMI [(2007) 2 MLJ (Crl) 1668]
(iv) INDER MOHAN GOSWAMI AND ANOTHER V. STATE OF UTTARANCHAL AND OTHERS [(2007) 12 SCC 1]
9. Courts must protect the rights of the accused. But, atthe same time, the court has to see that the offenders are prosecuted. This legal philosophy could be seen as a currentjudicial thing [SANJAY CHANDRA VS.C.B.I [2012(1)SCC 40] also known as 2G scam case. While striking a balance between thesetwo extremes, cause of justice cannot be compromised. Now the fear of the petitioner is that as and when he shows his face, there is possibility of he being sent to jail. When he filesrecall petition, it is an indication that he will participate in the court proceedings. At the same time, there is fear ofpsychosis on the prosecution that the accused may put bottle necks in the administration of criminal justice. Now the law is very clear. Accused cannot be asked to present in court as acondition precedent to recall the NBW.

S.Sundar Vs State of Tamilnadu on 02 Mar 2016

Index of NBW judgments here.

Shades of Knife

True Colors of a Vile Wife

Month: February 2024

Venus Remedies Ltd and Ors Vs State of Karnataka on 30 Oct 2023

Satender Kumar Antil Vs CBI and Anr on 07 Oct 2021 (and other Directions)

R.Sundar Vs The Sub Inspector of Police on 12 Oct 2023

Arige Venkataramaiah Vs State of Telangana on 20 Dec 2023

S.Sundar Vs State of Tamilnadu on 02 Mar 2016