Jagadish v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2025

CORAM:

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Jagadish

...Petitioner

-VsThe State Rep. By The Inspector of Police, Central Crime Branch, Chennai.

...Respondent

PRAYER: Criminal Revision Petition filed under Sections 438 and 442 of BNSS, 2023, praying to set aside the order of dismissal in Crl.M.P.No.35383 of 2023 dated 16.08.2023 by the learned Metropolitan Magistrate Court for Exclusive Trial of CCB Cases (relating to cheating cases in Chennai) and CBCID Metro Cases, Egmore, and further directed the learned Metropolitan Magistrate Court for Exclusive Trial of CCB Cases (relating to cheating cases in Chennai) and CBCID Metro Cases Egmore, to recall the NonBailable Warrant without presence of petitioner. For Petitioner :

No appearance For Respondent :

Dr.C.E.Pratap, Government Advocate (Crl.Side) 1/4

ORDER

The revision petition challenges the dismissal of the petitioner's application filed under Section 70(2) of the Code of Criminal Procedure, 1973, seeking recall of the warrant issued against the petitioner.

2. The learned Magistrate dismissed the said petition on the ground that the petitioner had not appeared for recall of the warrant; and that since the warrant was pending for more than five years, there was no representation on behalf of the petitioner.

3. There is no representation for the petitioner. Heard the learned Government Advocate (Crl.Side) for the respondent, who would submit that the petitioner is still absconding; and that the respondent police are unable to secure the petitioner.

4. It is seen from the impugned order that the petitioner had not appeared during the hearing of the petition filed for recall of the warrant. The non-bailable warrant against the petitioner was issued on 09.08.2018. The learned Magistrate had observed that the petitioner has not explained 2/4

satisfactorily the reason for his absence. Therefore, the learned Magistrate dismissed the petitioner's application.

5. This Court finds no infirmity in the said order. Hence, the criminal revision case stands dismissed. The respondent police are directed to secure the petitioner at the earliest.

17.12.2025 cda To 1.The Metropolitan Magistrate Court for Exclusive Trial of CCB Cases (relating to cheating cases in Chennai) and CBCID Metro Cases, Egmore.

2.The Inspector of Police, Central Crime Branch, Chennai.

3.The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN, J.

cda 17.12.2025 4/4