Madras High CourtCRL OP/29019/2015disposed of

N.Jeyabal v. State Rep. By Its

2015-12-08Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29019 of 2015 N.Jeyabal ... Petitioner Vs State Rep. by the Inspector of Police, Thiruchengode Town Police station, Thiruchengode District Crime No.529 of 2014 ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. prayed to pass an order of direction, directing the court below to consider the application to recall the warrant on the same day on surrender of the petitioner with respect of SC.No.50 of 2015 on the file of Sub Judge, Thiruchengode. For Petitioner :

Mr.V.Balamurugane For respondent :

Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

The petitioner, alleging that he has been falsely implicated by the respondent for the alleged offence punishable under Sections 294(b) and 307 of IPC, seeks a direction to the learned Assistant Sessions Judge (Sub-Court), Tiruchengode to consider the application to recall the warrant on the same day on surrender of the petitioner with respect of S.C.No.50 of 2015.

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 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 SC.No.50 of 2015 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 Assistant Sessions Judge (Sub-Court), Tiruchengode is directed to consider the same on the same day on merits and pass appropriate orders.

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4. The criminal original petition is disposed of accordingly.

ssd -s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, Thiruchengode Town Police station, Thiruchengode District Crime No.529 of 2014

2. The Assistant Sessions Judge (Sub-Court), Tiruchengode

3. The Public Prosecutor, High Court, Madras.

skv(co) prk30/12 Crl.O.P.No.29019 of 2015 https://hcservices.ecourts.gov.in/hcservices/