In my considered opinion, there is no law that the accused shall personally remain present for cancellation of warrant. If the lawyer makes an application for cancellation of warrant, the same needs to be considered on merits by the learned Magistrate without insisting the for appearance of the Applicant/accused. It is noted by this Court that many Writ Petitions are filed in this Court only because the learned Magistrate straight way take a view that warrant cannot be cancelled unless accused appears before the Court. The view taken by a few of the Magistrates particularly in the city of Bombay, in my opinion, is not correct. It is high time that this Court lets the Magistrate note that the appearance of the applicant/accused is not necessary when application for cancellation of warrant is made.
IN THE HIGH COURT OF BOMBAY
Writ Petition No. 4429 of 2013
Decided On: 24.12.2013
Arunkumar N. Chaturvedi Vs. The State of Maharashtra and Ors.
Hon'ble Judges/Coram:
M.L. Tahaliyani, J.
