Mohammed Saleem Gani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2017

CORAM

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Crl.O.P.(MD) No.13420 of 2017 Mohammed Saleem Gani

...Petitioner

-VsThe Inspector of Police, Uthamapalayam Police Station, Theni District.

...Respondent

Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the Family Court, Madurai to consider the surrender application of the petitioner on the same day against the non-bailable warrant issued on 25.01.2017 in M.C.No.72 of 2009.

For Petitioner :Mr.K.Abiya For Respondent :Mr.K.Anbarasan, Government Advocate(Crl. Side).

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O R D E R

This Criminal Original Petition has been filed to direct the Family Court, Madurai to consider the surrender application of the petitioner on the same day against the non-bailable warrant issued on 25.01.2017 in M.C.No.72 of 2009.

2.Heard the learned Counsel appearing for the petitioner, the learned Government Advocate(Criminal side) appearing for the respondent.

3.It is the case of the petitioner that the petitioner's wife, one Amsath Rani has filed the maintenance case against the petitioner for herself and her minor daughter. Since the petitioner was not able to attend the case on the date of hearing on 25.01.2017, the learned Family Judge, Madurai, issued NonBailable Warrant against the petitioner. The non-appearance on the date of hearing of the petitioner is not willfull nor wanton. Hence the petitioner has filed this petition to consider the surrender application of the petitioner on the same day by the learned Family Judge, Madurai.

https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the facts and circumstance of the case, this Court is inclined to allow this petition and the learned Family

Court, Madurai is directed to consider the surrender application of the petitioner and pass orders on the same day against the nonbailable warrant issued on 25.01.2017 in M.C.No.72 of 2009. 5.Accordingly, the Criminal Original petition is allowed. Sd/- Assistant Registrar/ Vacation officer /True copy/ Sub Assistant Registrar To 1.The Inspector of Police, Uthamapalayam Police Station, Theni District.

2.The Judge, Family Court, Madurai.

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

+1cc to M/S.Abiya,Advocate,SR.81482 Crl.O.P.(MD) No.13420 of 2017 28.09.2017 CMR/ARUL/MM KK/SKN RSK/SAR 2/06.10.2017/ 2P- 5C/ https://hcservices.ecourts.gov.in/hcservices/