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Sirugudu Naga Venkata Durga Kumari vs Sirugudu Jhansilakshmi on 23 March, 2017

3.In support of his contention, the learned counsel relied upon a decision reported in (2007) 2 MLJ (Crl)1668 in a case of Sirugudugu Naga Venkata Durgakumari and others Vs. Sirugudu Jhansilakshmi wherein it has been held that the petitioner's surrender or appearance before the Court below is not necessary for filing the petition to recall the non-bailable warrant. The learned counsel for the petitioner also relied upon the decision of this Court in Crl.O.P.No.17104 of 2011 wherein this Court has held that the trial Court need not insist upon the very physical presence of the accused/petitioner for the purpose of recalling the non-bailable warrant and further directed the Court below to pass orders in the recall petition on the same day.
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