Abdul Khader v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2021

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.3478 of 2021 Abdul Khader

...Petitioner/Accused No.5

-VsThe State Rep.by The Inspector of Police, B 1, North Beach Police Station, Chennai.

... Respondent/Complainant Crime No.389 of 2008 Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records of the learned VII Metropolitan Magistrate Court, George Town, Chennai dt.30.12.2020, made in Crl.MP.No.6131 of 2020 in C.C.No.195 of 2015 and set aside the same with a direction to recall the non-bailable warrant issued against the petitioner in C.C.No.195 of 2015, without insisting the appearance of the petitioner.

For Petitioner : Mr.P.Sahiyamoorthy For respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to recall the non bailable warrant issued by the VII Metropolitan Magistrate Court, George Town, Chennai against the petitioner in C.C No.195 of 2015.

2. The petitioner is arrayed as accused in C.C.No.195 of 2015, on the file of the VII Metropolitan Magistrate Court, George Town, Chennai, for the offences punishable under Section 120(b), 153A, 353, 506(i) and 292(A) of IPC r/w 15(2) TNEF Act and 13(1) of the Unlawful Activities Prevention Ac 1957 @ to 292(A) of IPC, 353 r/w 34 IPC .

3. The petitioner was absent during the trial in C.C.No.195 of 2015, on the file of the VII Metropolitan Magistrate Court, George Town, Chennai. Therefore, non bailable warrant came to be issued on 30.12.2020. https://hcservices.ecourts.gov.in/hcservices/

4. The learned counsel appearing for the petitioner undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail.

5. Considering the undertaking given by the petitioner, the petitioner is directed to appear before the VII Metropolitan Magistrate Court, George Town, Chennai , within a period of two weeks from today and to file a petition to recall the NBW issued against him. The concerned Magistrate is directed to complete the proceedings in C.C.No.195 of 2015, within a period of three months from the date of receipt of copy of this order.

6. Accordingly, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar KP To 1.The Inspector of Police, B 1, North Beach Police Station, Chennai.

2.The VII Metropolitan Magistrate Court, George Town, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1cc to M/s.AP.Sathya Murthy, Advocate SR.14378 Crl.OP.No.3478 of 2021 PL(CO) CB(23/03/2021) https://hcservices.ecourts.gov.in/hcservices/