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.
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