U.Thiyagarajan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN U.Thiyagarajan ... Petitioner Vs.

1.The State represented by the Inspector of Police, Arcot Police Station, Ranipet District.

2.Hemalatha 3.Minor T.Mahalakshmi, (represented by 2nd respondent) ... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to recall the Non Bail Warrant issued against the petitioner in Crl.M.P.No.717 of 2021 dated 29.03.2022 by the IV Additional Principal Judge, Chennai. For Petitioner : Mr.K.Gandhi Kumar For R-1 : Mr.S.Santhosh Government Advocate (Criminal side)

O R D E R

This Criminal Original Petition is filed to recall the Non Bail Warrant issued against the petitioner in Crl.M.P.No.717 of 2021 dated 29.03.2022 by the learned IV Additional Principal Judge, Chennai. 1/4

2. It appears that petitioner has directly approached this Court for recall of non-bailable warrant, which is not permissible. Therefore, this Criminal Original Petition is dismissed, giving liberty to petitioner to approach the learned IV Additional Principal Judge, Chennai, for recall of non-bailable warrant within a period of two weeks from the date of receipt of a copy of this order. On such filing of the petition, the learned IV Additional Principal Judge, Chennai is directed to dispose of the recall petition on merits and in accordance with law on the same date, taking into consideration that it is a case filed under Section 125(3) of Cr.P.C. Till then, the protection granted against the execution of non-bailable warrant is ordered to be continued.

3. With the above directions, this Criminal Original Petition is dismissed. 23.01.2023 gd Index:Yes/No Speaking/Non speaking order 2/4

To 1.The IV Additional Principal Judge, Chennai. 2.The Inspector of Police, Arcot Police Station, Ranipet District.

3.The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN.J., gd 23.01.2023 4/4