Latha Rajendran v. The State Rep By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2020

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 31799 of 2019 Mrs.Latha Rajendran ... Petitioner Vs

1. The State rep.by The Inspector of Police, T-4, Maduravoyal Police Station, Chennai.

2. Mr.S.Baskar ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to recall the Non Bailable Warrant issued on 08.06.2017 against the petitioner in STC.No. 344 of 2015 on the file of the learned Fast Track Magisterial Level No.II, Ponnamallee, Thiruvallur District.

For Petitioner : Mr.S.Cathrine Hima For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1

O R D E R

This Criminal Original petition has been filed to direct the learned Fast Track Magisterial Level No.II, Ponnamallee, Tiruvallur District, to consider the petition filed by the petitioner to recall the Non Bailable Warrant, which was issued on 08.06.2017 in STC.No.344 of 2015.

2. The learned counsel appearing for the petitioner would submit that on 08.06.2017, due to illness, the petitioner was not able to appear before the Fast Track Magisterial Level No. II, Ponnamallee, Thiruvallur District in respect of the case in STC.No.344 of 2015 and hence, non bailable warrant has been issued against the petitioner. He would further submit that the said absence is neither willful nor wanton and he undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail.

3. Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the Fast Track Magisterial Level No.II, Ponnamallee, Thiruvallur District on the next hearing and to https://hcservices.ecourts.gov.in/hcservices/

file a petition under Section 70(2) of Cr.P.C., to recall NBW already issued against him. On filing of such petition, the concerned learned Magistrate is directed to consider the same on its own merits in accordance with law and pass orders on the same day.

4.

With the above direction, this Criminal Original Petition is disposed of.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar kmm To

1. The Fast Track Magisterial Level No.II, Ponnamallee, Thiruvallur District.

2. The Inspector of Police, T-4 Maduravayal police station Chennai.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.31799 of 2019 KK(CO) RMP(14/07/2020) https://hcservices.ecourts.gov.in/hcservices/