Madras High CourtCRL OP(MD)/14867/2017allowed

Kalai @ Arulnithi @ Arunnithi v. The Inspector Of Police

2017-11-03Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2017 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRL OP(MD)No.14867 of 2017 Kalai @ Arulnithi @ Arunnithi : Petitioner Vs.

1. State Rep by, The Inspector of Police, Manamadurai Police Station, Sivagangai District.

(Crime No.483 of 2009)

2. Prabhu

3. Abiraman : Respondents PRAYER:Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to direct the District and Sessions Judge cum Special Court for P.C.R., Sivagangai to consider the recall petition filed under Section 70(2) of Cr.P.C to recall the warrant issued against the petitioner in Special S.C.No.190 of 2010 on the file of the District and Sessions Judge cum Special Court for P.C.R., Sivagangai on the same day itself. For Petitioner : Mr.R.Ilayaraja For R1 : Mr.K.S.Durai Pandian, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed to direct the District and Sessions Judge cum Special Court for P.C.R., Sivagangai to consider the recall petition filed under Section 70

(2) of Cr.P.C to recall the warrant issued against the petitioner in Special S.C.No.190 of 2010 on the file of the District and Sessions Judge cum Special Court for P.C.R., Sivagangai.

2. Heard Mr.R.Ilayaraja, learned counsel appearing for the petitioner and Mr.Durai Pandian, learned Additional Public Prosecutor appearing for the first respondent. https://hcservices.ecourts.gov.in/hcservices/

3. The petitioner is an accused in S.C.No.190 of 2010 on the file of the District and Sessions Judge cum Special Court for P.C.R., Sivagangai. The petitioner shall appear before the Trial Court on 10.11.2017 and apply for recall petition and the learned Trial Court shall consider and dispose of the recall petition on the same day.

The Criminal Original Petition is allowed, accordingly. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To

1. The District and Sessions Judge -cum- Special Court(PCR), Sivagangai.

2. The Inspector of Police, Manamadurai Police Station, Sivagangai District.

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

+ 1 CC TO MR.R.Ilayaraja, ADVOCATE IN SR No.85227 dss/kmi MK/KK/SAR-2/08.11.2017/2P/5C CRL OP(MD)No.14867 of 2017 03.11.2017 https://hcservices.ecourts.gov.in/hcservices/