Madras High CourtCRL OP(MD)/4459/2025disposed of

Mohammed Siddiq, v. The State Of Tamilnadu

2025-03-11Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Mohammed Siddiq ... Petitioner Vs The State of Tamilnadu, Rep by the Inspector of Police, Bodinaickanur Town Police Station, Theni.

Crime No.350 of 2014.

... Respondent PRAYER: Criminal Original petitions have been filed under Section 528 of BNSS to issue direction to recall the warrant issued in C.C.No. 360 of 2020 on the file of the learned Judicial Magistrate, Uthamapalayam as per the order dated 21.02.2025. For Petitioner : Mr.K.K. Samy, For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) 1/4

O R D E R

This Criminal Original Petition has been filed seeking a direction to recall the warrant issued in C.C.No.360 of 2020 on the file of the learned Judicial Magistrate, Uthamapalayam as per the order dated 21.02.2025.

2.The learned Counsel for the petitioner would submit that the petitioner is the accused in this case and due his non appearance, non bailable warrant was issued on 21.02.2025. Therefore, this petition has been filed.

3.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the case is pending from the year 2020 and due to non appearance of the petitioner, non bailable warrant was issued and the same is pending for execution and the petitioner can approach the trial Court for appropriate remedy. 4.Since the non bailable warrant is pending as against the petitioner before the trial Court, it is appropriate to direct the petitioner 2/4

to appear before the trial Court by filing appropriate application. Accordingly, the petitioner is directed to appear before the trial Court by filing appropriate application seeking to cancel the non bailable warrant issued against him and if any such application is filed, the trial Court shall consider the same on the same day, on merits and in accordance with law.

5.With the above direction, this Criminal Original Petition is disposed of.

11.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR To 1.The State of Tamilnadu, Rep by the Inspector of Police, Bodinaickanur Town Police Station, Theni.

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

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P. DHANABAL, J.

LR 11.03.2025 4/4