Madras High CourtCRL OP/23473/2019disposed of

N.Seenuvasa Reddy v. The State Represented By

2019-08-29Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.23473 of 2019 N.Seenuvasa Reddy

...Petitioner

-VsThe State Represented by, The Deputy Superintendent of Police, Gingee Taluk, Villupuram District Crime No.143/2010 (On the file of Anandapuram P.S) ... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to Recall the Non-Bailable Warrant dated 28.09.2018 in Spl.S.C.No.60/2017 on the file of learned Special Court deal with SC/ST Act cases, Villupuram and set aside the same and direct to the learned special Court deal with SC/ST Act cases, Villupuram to recall the Non-Bailable Warrant issued against the petitioner without petitioner's surrender or appearance before the Court.

For Petitioner : Mr.N.Elumalai For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to Recall the Non-Bailable Warrant dated 28.09.2018 in Spl.S.C.No.60/2017 on the file of learned Special Court deal with SC/ST Act cases, Villupuram and set aside the same and direct to the learned special Court deal with SC/ST Act cases, Villupuram to recall the Non-Bailable Warrant issued against the petitioner without petitioner's surrender or appearance before the Court.

2. The petitioner is arrayed as accused No.1 in Spl.S.C.No.60 of 2017, on the file of the learned Special Court deal with SC/ST Act cases, Villupuram, for the offences punishable under Sections 3(1)(e), 3(1)(r) and 3(1)(s) of SC/ST https://hcservices.ecourts.gov.in/hcservices/

Act.

3. The petitioner was absent during the trial in Spl.S.C.No.60 of 2017, on the file of the learned Special Court deal with SC/ST Act cases, Villupuram. Therefore non bailable warrant came to be issued on 28.09.2018.

4. The learned counsel appearing for the petitioner undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail.

5. Considering the undertaking given by the petitioner, the petitioner is directed to appear before the learned Special Court deal with SC/ST Act cases, Villupuram, within a period of two weeks from today and to file a petition to recall the NBW issued against him. The learned Special Court deal with SC/ST Act cases, Villupuram is directed to consider the same on merits and pass orders on the same day. The concerned Magistrate is directed to complete the proceedings in Spl.S.C.No.60 of 2017 within a period of three months from the date of receipt of copy of this order.

6. Accordingly, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vs To 1.The Special Court deal with SC/ST Act cases, Villupuram.

2.The Deputy Superintendent of Police, Gingee Taluk, Villupuram District 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.N.Elumalai, Advocate, SR.74462 Crl.O.P.No.23473 of 2019 PA(CO) CB(03/10/2019) https://hcservices.ecourts.gov.in/hcservices/