Kim Jin Hyung v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2015

CORAM:

THE HON'BLE MR.JUSTICE R.SUBBIAH Crl.O.P.Nos.28780 to 28785 of 2015 Kim Jin Hyung ... Petitioner in Crl.O.P.28780/2015 to 28785/2015 Vs.

The State rep by The Superintendent of Police, Kancheepuram District.

C.C.No.218 of 2015. ... Respondent in Crl.O.P.28780/2015 to 28785/2015 Prayer in Crl.O.P.28780 of 2015:

Petition filed under Section 482 of the Criminal Procedure Code praying for a direction to the Learned Chief Judicial Magistrate, Chengalpattu to recall the Non-bailable warrant issued against this petitioner in C.C.No.218 of 2015 215 of 2015; 213 of 2015; 214 of 2015; 217 of 2015 and 216 of 2015 respectively on the file of the Learned Chief Judicial Magistrate, Chengalpattu.

For Petitioner :Mr.G.Magesh Kumar For Respondent :Mr.C.Emalias Additional Public Prosecutor.

COMMON ORDER The petitioner, alleging that he has been falsely implicated by the respondent for the commission of the alleged offences in C.C.Nos.218, 215, 213, 214, 217 and 216 of 2015 respectively, seeks a direction to the Learned Chief Judicial Magistrate, Chengalpattu to recall the Non-bailable warrant issued against the petitioner in C.C.Nos.218, 215, 213, 214, 217 and 216 of 2015 respectively, on the file of the Learned Chief Judicial Magistrate, Chengalpattu.

2.Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor.

3. Considering the submissions made on either side, the petitioner is directed to appear before the trial court https://hcservices.ecourts.gov.in/hcservices/

within a period of two weeks from the date of receipt of a copy of this order by filing an application under Section 70

(2) Cr.P.C to re-call the warrant in respect of C.C.No.218, 215, 213, 214, 217 and 216 of 2015 respectively and also by filing an affidavit before the concerned court to the effect that he will appear before the said court on all the hearing dates without fail and in the event of filing such an application, the learned Chief Judicial Magistrate, Chengalpattu is directed to consider the same on the same day on merits and pass appropriate orders.

4.These criminal original petitions are disposed of accordingly.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar pri To 1.The Chief Judicial Magistrate, Chengalpattu.

2.The Superintendent of Police, Kancheepuram District.

3. The Public Prosecutor, High Court, Madras.

+2 ccs to Mr.G.Mageshkumar, Advocate, sr.64929, 64924 Crl.O.P.Nos.28780 to 28785 of 2015 kra 07.12.2015 https://hcservices.ecourts.gov.in/hcservices/