Madras High CourtCRL OP(MD)/2109/2023disposed of

K.Muthukumar v. P.S.Govindaraj

2023-03-10Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN K.Muthukumar ... Petitioner Vs.

P.S.Govindaraj ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned Judicial Magistrate No.I (Fast Track Court at Magistrate Level), Madurai to accept and pass orders on the warrant recall petition filed by the petitioner under Section 70(2) of Cr.P.C on the same day, without insisting the appearance of the petitioner in S.T.C.No.537 of 2016 pending on the file of the learned Judicial Magistrate No.I, (Fast Track Court at Magistrate Level) For Petitioner : Mr.R.Raja Mohan 1/5

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the learned Judicial Magistrate No.I (Fast Track Court at Magistrate Level), Madurai to accept and pass orders on the warrant recall petition filed by the petitioner under Section 70(2) of Cr.P.C on the same day, without insisting the appearance of the petitioner in S.T.C.No.537 of 2016 pending on the file of the learned Judicial Magistrate No.I, (Fast Track Court at Magistrate Level)

2. The learned counsel for the petitioner submitted that the petitioner is facing charges under Section 138 of Negotiable Instrument Act in S.T.C.No.537 of 2016 on the file of the Judicial Magistrate No.I, (Fast Track Court at Magistrate Level), Madurai. Due to Covid-19 lockdown, the petitioner is unable to appear before the trial Court regularly and therefore, the trail Court issued non bailable warrant on 08.08.2021. Now, the petitioner is ready to appear before the trial Court to recall the Non-Bailable Warrant issued against him. 2/5

3. Heard the learned counsel for the petitioner and also perused the materials available on record.

4. This Court feels that such direction may not be proper and the petitioner is directed to approach the concerned trial Court by setting all the facts and the circumstances of the case is recall the warrnat.

5. This Court cannot, whether the petitioner got merit or not. Any positive direction cannot be passed. The petitioner is granted liberty to workout his remedy before the cocerned Court. With the above said liberty, this Criminal Original Petition is disposed of.

10.03.2023 Index :

Yes / No Internet :

Yes / No tta 3/5

To 1.Judicial Magistrate No.I (Fast Track Court at Magistrate Level), Madurai 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, 4/5

G.ILANGOVAN,J tta Order made in Dated: 10.03.2023 5/5