Madras High CourtCRL OP/3748/2021disposed of

Kumar @ S.Rajendiran v. State Rep By

2021-02-25Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2021

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.3748 of 2021 Kumar @ S.Rajendiran

...Petitioner

-Vs1. State By, The Deputy Superintendent of Police, Villupuram District, Villupuram.

2. The Inspector of Police, Kandamangalam Police Station, Villupuram District.

(Crime No.205 of 2016) ..Respondents 1 & 2/Complainant Saranya (Died) ..Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the Sessions Judge, Villupuram District to consider the recall warrant petition filed u/s.70(2) of Cr.P.C. on the same day of presentation to recall the non-bailable warrant issued against the petitioner on 12.10.2020 by the learned Sessions Judge, Special Court for SC/ST Act Cases, Villupuram in S.C.No.126 of 2016 in Crime No.205 of 2016.

For Petitioner : Mr.V.Chinnasamy For respondents : Mr.M.Mohammed Riyaz Additional Public Prosecutor for R1 & R2

ORDER

This Criminal Original Petition has been filed to recall the non bailable warrant issued by the learned Sessions Judge, Special Court for SC/ST Act Cases, Villupuram, in S.C.No.126 of 2016.

2. The petitioner is arrayed as accused in S.C.No.126 of 2016, on the file of the learned Sessions Judge, Special Court for SC/ST Act Cases, Villupuram, for the offences punishable under Section 309 of IPC.

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3. The petitioner was absent during the trial in S.C.No.126 of 2016, on the file of the learned Sessions Judge, Special Court for SC/ST Act Cases, Villupuram. Therefore non bailable warrant came to be issued on 12.10.2020.

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 learned Sessions Judge, Special Court for SC/ST Act Cases, Villupuram, within a period of two weeks from today and file a petition to recall the NBW issued against him. The concerned Court is directed to consider the same on merits and pass orders on the same day.

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

Sd/- Assistant Registrar (CS.VII) /True Copy/ Sub Assistant Registrar To 1.The Sessions Judge, Special Court for SC/ST Act Cases, Villupuram.

2. The Deputy Superintendent of Police, Villupuram District, Villupuram.

3. The Inspector of Police, Kandamangalam Police Station, Villupuram District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.Chinnasamy, Advocate SR.NO..11297 AKM/10.03.21/2P-6C/ Crl.O.P.No.3748 of 2021 25.02.2021 https://hcservices.ecourts.gov.in/hcservices/