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Madras High CourtCRL OP/308/2019closed

Senthilnathan v. The Inspector Of Police

2019-01-07Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.01.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.308 of 2019 and Crl.M.P.No.162 of 2019

1. Senthilnathan

2. Adhikesavan

3. Arul

4. Dhasarathan

5. Suresh @ Military Suresh ... Petitioners/A1, 3, 4, 5 and 6 -VsState rep by, The Inspector of Police, R-7, K.K.Nagar Police Station, Chennai District.

(Cr.No.398 of 2014) ... Respondent/Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to direct the Learned XXIII Metropolitan Magistrate Court, Saidapet to recall the Non Bailable Warrant issued against the petitioners on 05.01.2016 in C.C.No.4238 of 2015 on his appearance before the Learned XXIII Metropolitan Magistrate Court, Saidapet.

For Petitioners : Mr.V.Purushothaman For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Learned XXIII Metropolitan Magistrate Court, Saidapet to recall the Non Bailable Warrant issued against the petitioners on 05.01.2016 in C.C.No.4238 of 2015 on his appearance before the Learned XXIII Metropolitan Magistrate Court, Saidapet. https://hcservices.ecourts.gov.in/hcservices/

2. The relief as sought for by the petitioner in this Criminal Original Petition cannot be granted. Admittedly, the Non Bailable Warrant was issued in the year 2016. Therefore, the petitioner has to necessarily file an appropriate petition before the Court below seeking for recalling of the Non Bailable Warrant and the Court below on consideration of the facts and circumstances of the case will have to deal with the same in accordance with law.

3. This Criminal Original Petition is disposed of with the above direction. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To

1. The XXIII Metropolitan Magistrate Court, Saidapet, Chennai.

2. The Inspector of Police, R-7, K.K.Nagar Police Station, Chennai District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.Purushothaman, Advocate sr.no.1706 Crl.O.P.No.308 of 2019 nr 31/01/2019 https://hcservices.ecourts.gov.in/hcservices/