Madras High CourtCRL OP(MD)/4700/2024disposed of

Abu Faris v. The Inspector Of Police

2025-01-29Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29-01-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL OP(M D) No. 4700 of 2024 and Crl.M.P.(MD)No.3671 of 2024 1.Abu Faris 2.Rajammal 3.Abdul Salam @ Switchu Bai ... Petitioners/AccusedNos.1 to 3 Vs 1.The State through rep by, The Inspector of Police, Fort Police Station, Trichy.

(In Crime No.1292 of 2017) ... 1st Respondent/Complainant 2.Sirajdeen ... 2nd Respondent/Defacto Complainant For Petitioners : Mr.R.Vignesh, Advocate For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor for R1 1/4

ORDER

This Court at the time of admission on 02.04.2024 has granted an order of interim stay for a period of two weeks and thereafter, the case before the trial Court had been periodically adjourned.

2. The learned counsel for the petitioners now seeks to dispense with the personal appearance of the petitioners before the learned Judicial Magistrate No.I, Trichy in C.C.No.224 of 2018.

3. On 27.01.2025, the trial Court has issued Non Bailable Warrant. In view of the same, the petitioners seek to dispense with his personal appearance. The petitioners have also produced the 'B-dairy' extract dated 27.01.2025. It is seen from the B-dairy extract, the any one of the petitioners appeared to be not present before the trial Court on every case hearings. For that reason, the trial Court issued Non Bailable Warrant to the petitioners. It is for the petitioners to appear before the trial Court to file an appropriate petition to recall the warrant. Without doing so, the prayer now sought for the petitioners is not proper.

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4.In view of the above, the petitioners are directed to appear before the trial Court seeking to recall the warrant issued against them. 5.List this matter on 10.02.2025.

Sd/- 29/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai -625 023 ta To 1 THE JUDICIAL MAGISTRATE NO.I, TRICHY.

2 -DO- THROUGH -THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE FORT POLICE STATION, TRICHY.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.4700 of 2024 Date :29/01/2025 ES/VR/SAR /06.02.2025/ 3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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