R.Ganesan v. V.R.Rajagopal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2020

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6690 of 2020 R.Ganesan .. Petitioner Vs 1.The Inspector of Police, Suchindram Police Station, Kanniayakumari District 2.V.R.Rajagopal ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Judicial Magistrate No.3, Salem District to recall non bailable warrant issued to the petitioner dated 07.02.2015 in CC.No.126 of 2009 pending on the file of the Judicial Magistrate No.3, Salem District.

For Petitioner : Mr.Karan and Uday For R1 : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This Criminal Original petition has been filed to direct the learned Judicial Magistrate No.3, Salem District to recall non bailable warrant issued to the petitioner dated 07.02.2015 in CC.No.126 of 2009 pending on the file of the Judicial Magistrate No.3, Salem District.

2. The learned counsel appearing for the petitioner would submit that on 07.02.2015, due to serious illness, the petitioner was not able to appear before the learned Judicial Magistrate No.3, Salem District in CC.No.126 of 2009 and hence, non bailable warrant has been issued against the petitioner. He would further submit that the said absence is neither willful nor wanton and he undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail.

3. Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the learned Judicial Magistrate No.3, Salem District on the next hearing and to file a petition under Section 70(2) of Cr.P.C., to recall NBW already issued against him. On filing of such 1/2 https://hcservices.ecourts.gov.in/hcservices/

petition, the concerned learned Judicial Magistrate No.3, Salem District is directed to consider the same on its own merits in accordance with law and pass orders on the same day. 4.

With the above direction, this Criminal Original Petition is disposed of.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar lok To

1. The learned Judicial Magistrate No.3, Salem District

2. The Inspector of Police Suchindram Police Station Kanniyakumari 3.The Chief Judicial Magistrate Salem

4. The Public Prosecutor, High Court, Madras.

+1 cc to M/s.Karan & Uday Advocate sr24619 Crl.O.P.No.6690 of 2020 rv(co) aa13/07/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/