Madras High CourtCRL OP/19515/2023disposed of

Saktheeswari v. Sangeetha

2023-08-25Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Saktheeswari, W/o.Late Andawar ... Petitioner Vs.

T.Prabakaran (Died) 1.Sangeetha, W/o.T.Prabakaran 2.Minor Sam Daniel, S/o.T.Prabakaran 3.Minor Joshuva, S/o.T.Prabakaran (Respondents 2 & 3 are represented by their mother/guardian Sangeetha) ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the District Munsif-cum-Judicial Magistrate, Kodumudi to consider the petitioner's surrender as well as recall petition, to recall the bailable warrant issued dated 14.06.2023 against the petitioner in S.T.C.No.928 of 2017.

For Petitioner : Mr.B.Gopalakirshnan ***** 1/4

O R D E R

This Criminal Original Petition has been filed to recall the bailable warrant issued by the Court below on 14.06.2023 in the pending case in S.T.C.No.928 of 2017 on the file of District Munsif cum Judicial Magistrate, Kodumudi.

2. Learned counsel for the petitioner submitted that by the time this petition was filed, the Court below had issued non-bailable warrant on 11.08.2023. Therefore, learned counsel sought for a direction to the Court below to recall non-bailable warrant issued on 11.08.2023.

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

4. Considering the undertaking given by the petitioner, the petitioner is directed to appear before the learned District Munsif cum Judicial Magistrate, Kodumudi, within a period of two (2) weeks from today and file a petition to recall the NBW issued against him. The 2/4

concerned Magistrate is directed to consider the same on merits and pass orders on the same day.

Accordingly, the Criminal Original Petition stands disposed of. 25.08.2023 Note: Issue order copy by 29.08.2023 Speaking Order/Non-speaking Order Index :Yes/No pal/gm To The District Munsif-cum-Judicial Magistrate, Kodumudi.

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N.ANAND VENKATESH, J.

pal/gm 25.08.2023 4/4