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Madras High CourtCRL OP(MD)/5167/2023disposed of

A.Kennedy v. The Inspector Of Police

2023-03-20Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.5167 of 2023 A. Kennedy ... Petitioner Vs.

The State, through The Inspector of Police, Central Crime Branch, Madurai District.

... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Special Court for Exclusive Trial of Land Grabbling Cases, Madurai, to consider the petition filed under Section 70(2) of Cr.PC to recall the Non Bailable Warrant issued as against these petitioners in C.C.No.8/2014 on the same day of its filling. For Petitioner : Mr.Prabhu Rajadurai.G For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed to direct the learned Special Court for Exclusive Trial of Land Grabbling Cases, Madurai, to consider the petition filed under Section 70(2) of Cr.PC to recall the Non Bailable Warrant issued as against these petitioner in C.C.No.8/2014 on the same day of its filling.

2. The learned counsel for the petitioner would submit that the case in C.C.No.8 of 2014 was registered against the petitioner and on 01.03.2023 Non Bailable Warrant was issued against him. Throughout the investigation process, he co-operated with the Investigation Officer. But however, the above said Final Report has been filed without issuing the summons. On that ground, this petition has been filed seeking a direction.

3. On what ground, the warrant has been issued against this petitioner without issuing summon first is not known to this Court and no particulars are available.

4. The petitioner is directed to approach the concerned trial Court and get the warrant recalled by setting out the facts and circumstance of this case. There shall be no direction for this purpose. 2/4

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

20.03.2023 NCC:Yes/No Index : Yes/No Internet:Yes/No Indu To 1.The Inspector of Police Central Crime Branch,, Madurai District.

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

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G.ILANGOVAN, J., indu Crl.O.P.(MD) No.5167 of 2023 20.03.2023 4/4