Madras High CourtCRL OP/1562/2019allowed

K.Karunagaran v. The State Rep By

2019-01-23Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.1562 of 2019 and Crl.M.P.No.989 of 2019 1.K.Karunagaran 2.V.Kumaravel 3.K.Savitha ... Petitioners Vs.

1.The State rep. by Inspector of Police, All Women Police Station, Ranipet, Vellore District.

2.S.Gayathrilakshmi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., praying to set aside the non bailable warrant issued against the petitioners on 13.12.2018 in C.C.No.76 of 2015 on the file of learned District Munsif-cum-Judicial Magistrate, Ranipet, Vellore District.

For Petitioner :Mr.B.Gopalakrishnan For Respondent 1 :Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking to set aside the Non Bailable Warrant issued against the petitioners on 13.12.2018 by the Court below in C.C.No.76 of 2015.

2. It is seen from records that these petitioners along with two others filed a petition in Crl.O.P.No.23586 of 2015 before this Court seeking to quash the proceedings in C.C.No.76 of 2015. This Court entertained the petition and also granted interim stay of all further proceedings. The Court below was also apprised of the said order by filing a memo. However, the Court below has proceeded to issue non bailable warrant against the petitioners on 13.12.2018, without taking note of stay already granted by this Court. Aggrieved by the same, the present petition has been https://hcservices.ecourts.gov.in/hcservices/

filed.

3. In view of the stay already granted by this Court in Crl.O.P.No.23586 of 2015, the Court below ought not to have issued non bailable warrant against the petitioners. Therefore, the non bailable warrant issued by the Court below has to be necessarily re-called.

4. The order passed by the Court below on 13.12.2018, issuing the non bailable warrant against the petitioners is hereby re-called. Accordingly, this criminal original petition stands allowed. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar nmm/dss To 1.The District Munsif-cum-Judicial Magistrate, Ranipet, Vellore District.

2.The Inspector of Police, All Women Police Station, Ranipet, Vellore District.

3.The Public Prosecutor, Madras High Court, Chennai.

+1 CC to Mr.B.Gopalakrishnan, Advocate sr 5007. Crl.O.P.No.1562 of 2019 and Crl.M.P.No.989 of 2019 SP(13/02/2019) https://hcservices.ecourts.gov.in/hcservices/