web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: Bhagwan Premchandani Vs State of A.P. and Anr

Bhagwan Premchandani Vs State of A.P. and Anr on 4 Nov 1997

Posted on November 24, 2021 by ShadesOfKnife

Justice Sri B S A Swamy has passed this reasoned order with regards to mechanical issuing of non-bailable warrants to accused by the trial courts.

From para 3,

3. I have already taken a view that the trial Court can proceed with the case without insisting for the presence of the accused vide Crl.M.P.Nos.4424/97 and 4422/97 dated 29-10-1997. Further, the action of the Magistrate in issuing N.B.W. having dismissed the application filed for dispensing with his presence cannot be appreciated by this Court.
As per Section 73 of the Criminal Procedure Code an N.B.W. can be issued only to secure the presence of any escaped convict, proclaimed offender or the person who is evading the arrest. In the instant case, being summons case, the question of arrest also will not arise. Further, the petitioner filed an application seeking dispensation of his presence on that day for the reasons stated in the affidavit. Instead of allowing the application, the learned Magistrate not only dismissed the application, but also even without giving time for his appearance issued N.B.W. Such conduct on the part of the Magistrate is depricated. The discretion vested in them should be properly exercised to secure the ends of justice but not to penalise or harass an individual with the procedural wrangles of the Court more so without visualising the evil consequences that will flow from the order that is going to be passed. This Court is often coming across with such type of orders passed by the Magistrates. Hence this Court would like lo emphasize that the Magistrates should shed the wrong practice of issuing N.B.Ws. the moment the accused fail to appear in the Court without giving an opportunity to explain the circumstances under which the accused failed to appear in the Court and in the light of the language employed in Section 73 of Criminal Procedure Code an N.B.W. can be issued sparingly that to after coming to the conclusion that there is no other way to secure the presence of the accused. In fact in Ramojt Rao v.V.V. Rajam in Cr.M.P.No.4424/97 dated 29-10-1997 this Court explained the legal position with regard to the appearance of the accused before a Magistrate and held that the Magistrate is having ample power to proceed with the case by dispensing with the presence of the accused even in a warrant case.

Indiankanoon copy:

Bhagwan Premchandani Vs State of A.P. and Anr on 4 Nov 1997

Citations :

Other Sources :

https://indiankanoon.org/doc/1025663/

https://www.casemine.com/judgement/in/5608f767e4b014971113fe0e

http://document.manupatra.com/ap/1955-2000/ap1998/a980838.htm

https://www.lawyerservices.in/BHAGWAN-PREMCHANDANI-VERSUS-STATE-OF-A-P-1997-11-04


Index here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Bhagwan Premchandani Vs State of A.P. and Anr CrPC 73 - Warrant may be directed to any person Legal Procedure Explained - Interpretation of Statutes Not Authentic copy hence to be replaced | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Ram Nath Sao @ Ram Nath Sahu and Ors Vs Gobardhan Sao and Ors on 27 Feb 2002 February 4, 2023
  • Nimesh Dilipbhai Brahmbhatt Vs Hitesh Jayantilal Patel on 02 May 2022 February 4, 2023
  • Indian Oil Corporation Ltd and Ors Vs Subrata Borah Chowlek and Anr on 12 Nov 2010 February 4, 2023
  • State of Maharashtra Vs Dnyaneshwar Laxman Rao Wankhede on 29 Jul 2009 January 26, 2023
  • Sabiya Begum Malka Vs State of U.P. and Ors on 18 May 2016 January 24, 2023

Most Read Posts

  • Do you know that there is time limit of 60 days to dispose of a Domestic Violence case in India under sec 12(5) of PWDV Act? (9,491 views)
  • XXX Vs State of Kerala and Ors on 05 July 2022 (2,849 views)
  • Ratandeep Singh Ahuja Vs Harpreet Kaur on 11 Oct 2022 (911 views)
  • State Bank of India and Anr Vs Ajay Kumar Sood on 16 Aug 2022 (871 views)
  • Abbas Hatimbhai Kagalwala Vs The State of Maharashtra and Anr on 23 Aug 2022 (856 views)
  • Bar Council of India Vs Bonnie Foi Law College and Ors (726 views)
  • P Parvathi Vs Pathloth Mangamma on 7 Jul 2022 (706 views)
  • Sandeep Pamarati Vs State of AP and Anr on 29 Sep 2022 (Disposal of DVC in 60 days) (706 views)
  • Mukesh Singh versus State of Uttar Pradesh on 30 Sep 2022 (624 views)
  • Joginder Singh Vs Rajwinder Kaur on 29 Oct 2022 (576 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (325)Reportable Judgement or Order (321)Landmark Case (312)2-Judge (Division) Bench Decision (261)Work-In-Progress Article (218)Catena of Landmark Judgments Referred/Cited to (212)1-Judge Bench Decision (146)Sandeep Pamarati (88)3-Judge (Full) Bench Decision (79)Article 21 - Protection of life and personal liberty (74)Perjury Under 340 CrPC (53)Issued or Recommended Guidelines or Directions or Protocols to be followed (52)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (51)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (46)CrPC 482 - Quash (38)Not Authentic copy hence to be replaced (34)Advocate Antics (34)Rules of the Act/Ordinance/Notification/Circular (33)IPC 498a - Not Made Out (32)

Categories

Supreme Court of India Judgment or Order or Notification (631)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (297)High Court of Andhra Pradesh Judgment or Order or Notification (159)High Court of Delhi Judgment or Order or Notification (108)High Court of Bombay Judgment or Order or Notification (91)High Court of Karnataka Judgment or Order or Notification (66)General Study Material (55)High Court of Madras Judgment or Order or Notification (53)Assorted Court Judgments or Orders or Notifications (48)Prakasam DV Cases (46)LLB Study Material (45)High Court of Punjab & Haryana Judgment or Order or Notification (45)Judicial Activism (for Public Benefit) (40)High Court of Allahabad Judgment or Order or Notification (39)District or Sessions or Magistrate Court Judgment or Order or Notification (38)High Court of Kerala Judgment or Order or Notification (30)High Court of Gujarat Judgment or Order or Notification (26)High Court of Madhya Pradesh Judgment or Order or Notification (25)High Court of Calcutta Judgment or Order or Notification (18)High Court of Patna Judgment or Order or Notification (17)

Recent Comments

  • ShadesOfKnife on Beena MS Vs Shino G Babu on 04 Feb 2022
  • Vincent on Beena MS Vs Shino G Babu on 04 Feb 2022
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003
  • Ravi on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003
  • ShadesOfKnife on Beena MS Vs Shino G Babu on 04 Feb 2022

Archives of SoK

  • February 2023 (3)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (102)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • Maintenance impacting SSL API availability and certificate issuance February 14, 2023
    THIS IS A SCHEDULED EVENT Feb 14, 14:00 - 16:00 UTCJan 26, 10:38 UTCScheduled - On February 14th, 2023, Cloudflare will be doing database maintenance that will impact SSL API availability and may result in certificate issuance delays. The scheduled maintenance will be on February 14, 2023, 14:00 - 16:00 UTC.During the maintenance window, SSL-related […]
  • CDG (Paris) on 2023-02-10 February 10, 2023
    THIS IS A SCHEDULED EVENT Feb 10, 01:00 - 06:00 UTCFeb 3, 11:40 UTCScheduled - We will be performing scheduled maintenance in CDG (Paris) datacenter on 2023-02-10 between 01:00 and 06:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]
  • CDG (Paris) on 2023-02-09 February 9, 2023
    THIS IS A SCHEDULED EVENT Feb 9, 01:00 - 06:00 UTCFeb 3, 11:40 UTCScheduled - We will be performing scheduled maintenance in CDG (Paris) datacenter on 2023-02-09 between 01:00 and 06:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]

RSS List of Spam Server IPs from Project Honeypot

  • 178.211.132.200 | S February 5, 2023
    Event: Bad Event | Total: 972 | First: 2023-01-04 | Last: 2023-02-05
  • 192.142.21.131 | S February 5, 2023
    Event: Bad Event | Total: 461 | First: 2023-01-11 | Last: 2023-02-05
  • 178.211.132.226 | S February 5, 2023
    Event: Bad Event | Total: 1,005 | First: 2023-01-04 | Last: 2023-02-05
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 598 access attempts in the last 7 days.

pixel