Bombay high court-It is not necessary for accused to remain present before Magistrate for warrant cancellation
In the present case, the Court was hearing an application filed by the applicant who had been accused under Section 138 of the Negotiable Instruments Act and a non-bailable warrant had been issued against him by a magistrate's court for not attending proceedings. The lawyer of the accused approached the court to cancel the arrest warrant against him, assuring the court that he would be present when the case is heard next. But the plea was rejected on the grounds that accused was not present to cancel his warrant. The Court observed that since the applicant was ready to appear before the Magistrate after cancellation of warrant, and that there was reasonable apprehension that he might be arrested if he came to court, the Magistrate should have heard the application on the basis of merit. The Court while disposing of the writ petition, cancelled the non bailable warrant against him and ordered that the copy of this order to be circulated among all the additional metropolitan magistrates and metropolitan magistrates. [Arunkumar N. Chaturvedi vs. State of Maharashtra, Writ Petition No. 4429 of 2013, decided on 24th December, 2013]IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 4429 OF 2013
Arunkumar N. Chaturvedi
Mr.Rishi Bhuta,for the Petitioner.
The State of Maharashtra and Anr
CORAM : M. L. TAHALIYANI, J.
DATE : DECEMBER 24, 2013.