S.Ravichandran v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8139 of 2019 S.Ravichandran .. Petitioner Vs The State Rep. by The Inspector of Police(Team IX) Central Crime Branch, Vepery, Chennai.

Cr.No.297 of 2011.

... Respondent Prayer:

Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Special Court for CCB & CBCID cases, Egmore to consider to recall of NBW Warrant of the petitioner on the same day of surrender in C.C.NO.6085 of 2016.

For Petitioner : Mr.Adinarayana Rao For Respondent : Mr.C.Raghavan Government Advocate (Crl. Side)

O R D E R

This Criminal Original petition has been filed to direct the learned Special Court for CCB & CBCID cases, Egmore to consider the petition filed by the petitioner to recall the Non Bailable Warrant in C.C.NO.6085 of 2016 on the same day of surrender.

2. The learned counsel appearing for the petitioner would submit that the petitioner has no knowledge about that the case was transferred to Special Court in 2017 itself. Hence, the petitioner was not able to appear before the learned Special Court for CCB & CBCID cases, Egmore in respect of the case in C.C.NO.6085 of 2016 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 https://hcservices.ecourts.gov.in/hcservices/

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 Special Court for CCB & CBCID cases, Egmore 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 petition, the concerned learned Magistrate 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.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rri To 1.The Inspector of Police(Team IX) Central Crime Branch, Vepery, Chennai.

Cr.No.297 of 2011.

2.The learned Special Court for CCB & CBCID, Egmore, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.Adinarayana Rao, Advocate, S.R.No.29016 Crl.O.P.No.8139 of 2019 BS(CO) CS/05/04/2019 https://hcservices.ecourts.gov.in/hcservices/