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: Non-Bailable Warrant Recalled

Rajesh Vs The State of Tamilnadu on 17 May, 2018

Posted on September 18, 2018 by ShadesOfKnife

Excellent judgment which is well supported and reasoned from hon’ble High Court of Madras regarding issuance and recall of NBW non-bailable warrants.

It is further seen that the cases in which trial courts issue Non Bailable Warrants may be broadly classified in four categories namely, (i) the trial court issues Non Bailable Warrants without issuing summons first, (ii) the trial court issues a Non Bailable Warrant when the accused is absent for one or two hearings without inquiring into the cause of absence, (iii) where the accused is absent for one or two hearings and files a petition under Section 317 of the Code, the Court rejects the petition and issues a Non Bailable Warrant and (iv) where the accused has intentionally absented himself from the trial and does not attend any hearings and then, the trial court issues a Non Bailable Warrant.

From Para 18, 19 and 20,

It is also brought to my notice that apart from various other reasons for the long pendency of cases before the trial Courts, the non execution of Non Bailable Warrant is one among the reasons. This fact is reiterated through the last data collected by the NCRB.
In most of these pending cases, it is seen that whenever a Non Bailable warrant is kept pending execution, the usual practice among many of the Court is to adjourn the case on the ground that “Non Bailable Warrant is pending”. In heinous crimes, where there is deliberate and continuous non appearance of the accused, the trial Court may proclaim him as person absconding under Section 82 of the Code of Criminal Procedure. Thus, under Section 82 of Cr.P.C., there can be no impediment on the part of the trial Court to pronounce him as a proclaimed offender, instead of keeping the matter pending indefinitely for the purpose of having the warrant executed. Hence, the existence of the fourth category of cases cannot be a ground to preclude the High Court to do justice in the first three categories particularly, when they constitute a major portion of the pending cases in the State of Tamil Nadu, in which, Non Bailable Warrants are pending execution.

Referenced Supreme Court precedent is available here.

Rajesh Vs The State of Tamilnadu on 17 May, 2018
Posted in High Court of Madras Judgment or Order or Notification | Tagged CrPC 82 - Proclamation For Person Absconding Non-Bailable Warrant Recalled Rajesh Vs The State of Tamilnadu | 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

  • Anil Kumar Talan Vs on State (Govt of NCT of Delhi) on 12 Jul 2022 August 16, 2022
  • CMD Fertilizer Corporation of India Ltd and Anr Vs Rajesh Chandra Shrivastava and Ors on 07 Apr 2022 August 15, 2022
  • Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 23 Feb 2007 August 11, 2022
  • Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 21 Feb 2007 August 11, 2022
  • Naresh Kumar Yalla Vs State of Telangana on 21 Jul 2022 August 10, 2022

Most Read Posts

  • Jagdish Shrivastava Vs State of Maharashtra on 11 Mar 2022 (2,162 views)
  • Bhagyashri Jagdish Jaiswal Vs Jagdish Sajjanlala Jaiswal and Anr on 26 Feb 2022 (1,854 views)
  • Satender Kumar Antil Vs CBI and Anr on 11 Jul 2022 (1,329 views)
  • Luckose Zachariah Vs Joseph Joseph on 18 Feb 2022 (1,106 views)
  • Prabha Tyagi Vs Kamlesh Devi on 12 May 2022 (1,106 views)
  • Kahkashan Kausar @ Sonam Vs State of Bihar on 08 Feb 2022 (1,056 views)
  • Gayatri alias Gadigevva Vs Vijay Hadimani on 03 Dec 2021 (1,054 views)
  • Rajendra Bhagat Vs State of Jharkhand on 03 Jan 2022 (985 views)
  • Ravneet Kaur Vs Prithpal Singh Dhingra on 24 Feb 2022 (954 views)
  • Kamlesh Devi Vs Jaipal and Ors on 04 Oct 2019 (948 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (317)Reportable Judgement or Order (305)Landmark Case (300)2-Judge (Division) Bench Decision (232)Work-In-Progress Article (214)Catena of Landmark Judgments (199)1-Judge Bench Decision (121)Sandeep Pamarati (87)3-Judge (Full) Bench Decision (76)Article 21 - Protection of life and personal liberty (73)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (51)Perjury Under 340 CrPC (51)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (46)Issued or Recommended Guidelines or Directions or Protocols to be followed (43)CrPC 482 - Quash (37)Advocate Antics (34)Rules of the Act/Ordinance/Notification/Circular (33)Not Authentic copy hence to be replaced (33)IPC 498a - Not Made Out (32)

Categories

Supreme Court of India Judgment or Order or Notification (611)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (296)High Court of Andhra Pradesh Judgment or Order or Notification (154)High Court of Delhi Judgment or Order or Notification (108)High Court of Bombay Judgment or Order or Notification (88)High Court of Karnataka Judgment or Order or Notification (65)General Study Material (55)High Court of Madras Judgment or Order or Notification (51)Assorted Court Judgments or Orders or Notifications (48)Prakasam DV Cases (46)LLB Study Material (45)Judicial Activism (for Public Benefit) (39)High Court of Punjab & Haryana Judgment or Order or Notification (39)High Court of Allahabad Judgment or Order or Notification (36)District or Sessions or Magistrate Court Judgment or Order or Notification (34)High Court of Kerala Judgment or Order or Notification (27)High Court of Gujarat Judgment or Order or Notification (25)High Court of Madhya Pradesh Judgment or Order or Notification (24)High Court of Calcutta Judgment or Order or Notification (18)High Court of Patna Judgment or Order or Notification (15)

Recent Comments

  • ShadesOfKnife on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • muralidhar Rao Sirangi on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • ShadesOfKnife on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • anuj on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • August 2022 (7)
  • July 2022 (21)
  • June 2022 (28)
  • 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

  • Performance issues affecting Gateway Resolver for requests reaching San Jose. August 12, 2022
    Aug 12, 16:12 UTCResolved - This incident has been resolved.Aug 12, 15:40 UTCMonitoring - A fix has been implemented and we are monitoring the results.Aug 12, 15:30 UTCIdentified - The issue has been identified and a fix is being implemented.Aug 12, 15:30 UTCInvestigating - Cloudflare customers may experience performance related issues affecting Gateway Resolver for […]
  • Network Connectivity Issues in Omaha NE August 12, 2022
    Aug 12, 15:00 UTCResolved - Cloudflare is investigating issues with network performance in Omaha NE, users in the region may have experienced connectivity issues connecting to Cloudflare-protected websites between 15:01 UTC - 15:26 UTC.
  • 500 API Errors on Custom Error Page August 12, 2022
    Aug 12, 09:07 UTCResolved - This incident has been resolved.Aug 12, 08:52 UTCMonitoring - A fix has been implemented and we are monitoring the results.Aug 12, 07:36 UTCInvestigating - Cloudflare is aware of and investigating an issue with Cloudflare Custom Pages which potentially impacts multiple customers. Further detail will be provided as more information becomes […]

RSS List of Spam Server IPs from Project Honeypot

  • 177.137.29.3 | SW August 15, 2022
    Event: Bad Event | Total: 4,764 | First: 2021-02-19 | Last: 2022-08-15
  • 186.211.105.202 | SDC August 15, 2022
    Event: Bad Event | Total: 14,816 | First: 2019-01-19 | Last: 2022-08-15
  • 139.5.88.64 | S August 15, 2022
    Event: Bad Event | Total: 6,266 | First: 2019-02-05 | Last: 2022-08-15
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 651 access attempts in the last 7 days.

pixel