Madras High CourtCRL OP/23723/2022disposed of

Pandian @ Parthiban v. State Rep By

2022-09-29Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.O.P.No.23723 of 2022 Pandian @ Parthiban ... Petitioner Vs.

State rep.by Inspector of Police, Sendamangalam Police Station, (Crime No.183 of 2013) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to recall the Non Bailable Warrant issued against the petitioner in SC.No.103 of 2021 dated 25.08.2021 on the file of the learned Judicial Magistrate, Sendamangalam, Namakkal District.

For Petitioner : Mr.C.T.Saravanan For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed to recall the Non Bailable Warrant issued against the petitioner in SC.No.103 of 2021 dated 25.08.2021 on the file of the learned Judicial Magistrate, Sendamangalam,

2. The learned counsel for the petitioner submitted that the petitioner is facing trial in S.C.No.103 of 2021 on the file of the learned Judicial Magistrate, Sendamangalam, Namakkal district for the offences punishable under Sections 34, 454, 380 of I.P.C., and due to his non appearance, the trial Court issued Non-bailable warrant as against the petitioner on 25.08.2021.

3. The learned Government Advocate (Crl.side) submitted that the case is pending from the year 2021 and due to non appearance of this petitioner the case is pending without any progress and hence vehemently opposed for allowing this petition.

4. Heard both sides and perused the materials available on record. 2/4

5. This Court by exercising its power under Section 482 of Cr.P.C. decline to recall warrant and the petitioner is directed to approach the trial Court and explain the situation for non appearance before the trial Court. Hence, I find no merits in this petition. Accordingly this criminal original petition stands dismissed.

29.09.2022 Index: Yes/No Speaking/Non speaking order dpq 3/4

V. SIVAGNANAM, J.

dpq To:

1. The learned Judicial Magistrate, Sendamangalam,

2. The Inspector of Police, Sendamangalam Police Station,

3. The Public Prosecutor High Court of Madras.

Crl.O.P. No.23723 of 2022 29.09.2022 4/4