Madras High CourtCRL OP(MD)/3578/2015disposed of

R.Thangaraj v. The Inspector Of Police

2015-03-02Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2015

CORAM

THE HON'BLE MR.JUSTICE C.T.SELVAM CRL.O.P.(MD)No.3578 of 2015 R.Thangaraj ... Petitioner Vs.

The State represented by the Inspector of Police, Kallimandayam Police Station, Dindigul District.

(C.C.No.925 of 2012), (within the jurisdiction of Judicial Magistrate, Ottanchathiram) ... Respondent Prayer: Criminal Original Petition is filed under section 482 of the Code of Criminal Procedure, to direct the learned Judicial Magistrate, Ottanchathiram to recall the Non Bailable Warrant pending against the petitioner dated 30.01.2015 in C.C.No.925 of 2012 by accepting the petition filed under Section 70(2) of Cr.P.C. For Petitioner : Mr.P.Mahendran For Respondent : Mr.K.V.Rajarajan Govt. Advocate (Crl.side)

O R D E R

This Criminal Original Petition is filed for a direction to the learned Judicial Magistrate, Ottanchathiram to recall the Non-Bailable Warrant pending against the petitioner dated 30.01.2015 in C.C.No.925 of 2012 by accepting the petition filed under Section 70(2) of Cr.P.C.

2. The petitioner is accused for offence punishable under Section 138 of the Negotiable Instruments Act.

3. The learned counsel for the petitioner submits that Non-Bailable Warrant has been issued against the petitioner since he has not appeared before the lower Court.

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4. Considering the submissions made, this Court feels that this is a fit case for cancellation of the Non-Bailable Warrant issued by the lower Court and accordingly, the petitioner is directed to appear in person to file a petition under Section 70(2) of Cr.P.C. for cancelling the Non-Bailable Warrant before the learned Magistrate and in the event of filing such an application, the learned Judicial Magistrate, Ottanchathiram is directed to consider the same and pass orders on merits on the same day and in accordance with law. For such purpose, the petitioner will not appear before the Court below. With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To 1.The Judicial Magistrate, Ottanchathiram.

2. The Inspector of Police, Kallimandayam Police Station, Dindigul District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.P.Mahendran,Advocate SR.No.9577 CRL.O.P.(MD)No.3578 of 2015 02.03.2015 akv PA/12.03.2015/2P/5C https://hcservices.ecourts.gov.in/hcservices/