Madras High CourtCRL RC/1250/2016disposed of

Saminathan, Age 40 Years, v. State By The Inspector Of

2016-11-01Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.11.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.R.C.No.1250 of 2016 & Crl.M.P.No.11240 of 2016 Saminathan .. Petitioner vs.

1.State represented by The Inspector of Police, Velagoundampatty Police Station Namakkal District .. Respondent Criminal Revision filed under section 397 and 401 Cr.P.C. praying to set aside the order passed by learned Principal Sessions Judge, Namakkal, in C.M.P.No.248 of 2016 in Crime No.193 of 2016 by an order dated 21.09.2016.

For Petitioner :

Mr.B.Vasudevan For Respondent :

Mr.K.Madhan, Government Advocate (Crl.side)

O R D E R

This revision is preferred against the judgment passed in C.M.P.No.248 of 2016, on the file of learned Principal Sessions Judge, Namakkal on 21.09.2016.

2. Heard the learned counsel for petitioner and the learned Government Advocate (Crl.Side).

3. Learned counsel submits that the petition for discharge has been dismissed merely since an Non bailable warrant was pending against the petitioner. Court below has not considered the C.M.P. No.248 of 2016 on merits. Learned counsel informs that the Non bailable warrant issued against the petitioner has since been recalled.

4. In the circumstances, this Court is of the view that it would be appropriate to remand the matter to the Court for fresh consideration. The Court below shall pass a reasoned order on merits.

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Criminal revision is ordered accordingly. Connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar To The Principal Sessions Judge, Namakkal Crl.R.C.No.1250 of 2016 KS (CO) kk 25/11 https://hcservices.ecourts.gov.in/hcservices/