Dinesh @ Dinesh Kumar v. State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl. O.P. No. 10645 of 2025 Dinesh @ Dinesh Kumar ... Petitioner Vs State Rep. by The Inspector of Police, Magaral Police Station, Kancheepuram District.

(Cr. No.223 of 2023) ... 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 20.02.2025 against the petitioner in S.C.No.54 of 2024 pending on the file of the learned Principal District and Sessions Court, Kancheepuram. For Petitioner : Mr. G. Prabhakaran For Respondent : Mr. A. Gopinath Government Advocate (Crl. Side)

O R D E R

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. 54 of 2024 on the date of

surrender before the trial court.

2. The petitioner is facing trial in S.C. No. 54 of 2024 on the file of the learned Principal District and Sessions Court, Kancheepuram for the offences punishable under Sections 294(b), 387, 392, 307 and 506(ii) of IPC r/w 3(1) of Prevention of Damage of Public Property Act, 1992 and due to his non appearance, the trial Court issued Non-bailable warrant as against the petitioner on 20.02.2025.

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. 54 of 2024 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, Magaral Police Station, Kancheepuram District.

3.The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, AT 07.04.2025