Madras High CourtCRL OP/10485/2026allowed

Iman @ Prethiviraj v. State Rep. By The Inspector Of Police

2026-04-27Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-04-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR Iman @ Prethiviraj ..Petitioner Vs State rep. by The Inspector of Police G-5, Secretariat Colony Police Station, Chennai District.

(Crime No.198 of 2018) ..Respondent To set aside the returned docket order in Crl.MP.Sr.No.733 of 2026, dated 27.02.2026, on the file of the learned Vi Additional Sessions Judge, Chennai, to entertain the surrender petition and the petition to recall the Nonbailable warrant dated 17.02.2026, issued against the petitioner in SC.No.39 of 2020.

For Petitioner :

Mr.K.Mohan For Respondent :

Mr.L. Baskaran, Government Advocate (Crl. Side) Order The petitioner/A7 in Crime No.198 of 2018 had filed a petition under Section 72(2) of BNSS before the trial court to recall the NBW issued against the petitioner. But the same was returned for the reason that the address of the accused in the surrender petition differs from the address given in the charge sheet.

2. Learned counsel for the petitioner submits that at the time of offence, the petitioner was resided in the address mentioned in the charge sheet and now he is residing at No.65, Salaima Nagar, Purasaiwalkam, Chennai - 7. It is the nearby area. The petitioner was residing as a tenant in the previous address. Hence, he had to shift his residence. He further submits that the he had changed his Aadhar Card to the present address. He is ready to file an affidavit regarding change of address.

3. Learned Government Advocate (Criminal Side) submits that the petitioner's change of address can be verified and if he found in that address, the same would be reported before the concerned court.

4. In view of the above, the petitioner is directed to file an affidavit regarding change of address before the trial court, after intimating the respondent police regarding the charge of address with a copy of the affidavit. The respondent police, on intimation, shall verify whether the petitioner is residing in the new address. The trial court, on confirmation from the respondent police regarding the change of address, shall recall the NBW issued and no petition for change of address to be made.

5. With the above directions, this Criminal Original Petition is allowed. 27-04-2026 Note: Registry is directed to return the original docket order dated 27.02.2026 in Crl.M.P.Sr733 of 2026 nl Index: Yes/No Speaking/Non-speaking order To

1. The Inspector of Police G-5, Secretariat Colony Police Station, Chennai District.

2.The Public Prosecutor, Madras High Court.

M.NIRMAL KUMAR J.

nl 27-04-2026