Madras High CourtCRL OP(MD)/11407/2016disposed of

Kmh.Habib Najjar v. The Inspector Of Police

2016-07-12Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.11407 of 2016 KMH. Habib Najjar ..Petitioner/Accused Vs.

State through The Inspector of Police, Kottar Police Station, Kanyakumari District ..Respondent/Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the Fast Track Court (*)No.I, Nagercoil to accept surrender and recall warrant petition to be filed in Non bailable warrant issued against the petitioner in STC No.298 of 2014 on the file of the Fast Track Court (*)No.I, Nagercoil and consider the same on the same day.

For Petitioner : Mr.T.Selvakumaran For 1st Respondent : Mr.A.P.Balasubramani Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the Fast Track Court (*)No.I, Nagercoil to accept surrender and recall warrant petition to be filed in respect of Non bailable warrant issued against the petitioner in STC No.298 of 2014 on the file of the Fast Track Court (*)No.I, Nagercoil and consider the same on the same day.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent. 3.The petitioner is an accused in ST No.206 of 2010, which was originally pending on the file of the First Class Magistrate Court, Varkala, Thiruvananthapuram, Kerala State and after transfer, it is renumbered as STC No.298 of 2014 on the file of the Fast Track Court (*)No.I, Nagercoil.

4.The petitioner claims that he could not appear before the learned Judicial Magistrate No.II, Nagercoil on 27.06.2016, on account of the fact that he was not aware of the date on which, the case would be called. It is also represented that when he appeared before the First Class Magistrate, Varkala, he was merely informed that the transferee Court would inform the petitioner about the next hearing date.

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5. Under such circumstances, the Fast Track Court (*)No.I, Nagercoil, is directed to consider the application to be filed by the petitioner to recall the warrant on the same day and to pass orders.

6.With the above direction, this petition is disposed of. Sd/- 12.07.2016 (*)Amended as per order of this Court made in Crl.MP(MD)No.6084/2016 in Crl.OP(MD)No.11407/2016, dated 29.07.2016 sd/- Assistant Registrar(Records) /True copy/ Sub Assistant Registrar(CS) To (*)To be substitued to the order already despatched on 15.07.2016. 1.The Fast Track Court (*)No.I, Nagercoil.

2.The Inspector of Police, Kottar Police Station, Kanyakumari District.

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

+1cc to Mr.T.Selvakumaran, Advocate in SR.No.40646 JA-SKS-RR/SAR.II/15.7.2016/2P:5C Crl.O.P(MD)No.11407 of 2016 12.07.2016 PBK/GSV-PM/SAR-I 01.08.2016 ::2P-5C:(IT) https://hcservices.ecourts.gov.in/hcservices/