Madras High CourtCRL OP/10627/2025disposed of

Dinesh @ Dineshkumar v. The State Rep By The Inspector Of Police

2025-04-07Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl. O.P. No. 10627 of 2025 Dinesh @ Dinesh Kumar ... Petitioner Vs State Rep. by The Inspector of Police, Kanchi Taluk Police Station, Kancheepuram District.

(Cr. No.278 of 2015) ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to recall the Non-Bailable Warrant issued dated 28.04.2022 against the petitioner in S.C.No.22 of 2022 pending on the file of the learned Principal District and Sessions Court, Kancheepuram. For Petitioner : Mr. G. Prabhakaran For Respondents : Mr. R. Vinoth Raja Government Advocate (Crl. Side)

ORDER

This Criminal Original petition has been filed to direct the learned Principal District and Sessions Court, Kancheepuram to recall the non-bailable warrant issued against the petitioner in S.C. No. 22 of 2022 on the date of surrender before the trial court.

2. The petitioner is facing trial in S.C. No. 22 of 2022 on the file of the learned Principal District and Sessions Court, Kancheepuram for the offences punishable under Sections 147, 148, 341, 294(b), 323, 307, 506(ii), 115, 149 of IPC r/w 3(1) of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 and due to his non appearance, the trial Court issued Nonbailable warrant as against the petitioner on 28.04.2022.

3. The learned counsel appearing for the petitioner would submit that since the petitioner is not well and taking treatment for Appendicitis, he was unable to appear before the learned Principal District and Sessions Court, Kancheepuram in respect of the case in S.C. No. 22 of 2022 and hence, non bailable warrant has been issued against the petitioner. He would further submit that the said absence is neither wilful nor wanton and he undertakes that the

petitioner shall appear before the Court below regularly on all future hearing dates without fail.

4. Heard the learned counsel appearing on either side and perused the materials placed on record.

5. Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the learned Principal District and Sessions Court, Kancheepuram, on the next hearing and to file a petition under Section 72(2) of Bharatiya Nagarik Suraksha Sanhita, 2023, 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.

6. It is made clear that while considering the petition to recall NBW, the Court below shall bear in mind about the period of Non Bailable Warrant and any crime committed while pending Non Bailable Warrant. Mere direction issued by this Court to consider the application on the same day, does not amount to direction to consider the recall petition favourably.

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

07.04.2025 Index:Yes/No AT To

1. The Principal District and Sessions Court, Kancheepuram.

2. The Inspector of Police, Kanchi Taluk Police Station, Kancheepuram District.

3.The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, AT Crl. O.P. No. 10627 of 2025 07.04.2025